2026:UHC:2089 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2483/2024 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Pankaj Tangwan, learned counsel for the petitioners. 2. Mr. Pradeep Hairiya, learned Standing Counsel for the State of Uttarakhand. 3. Mr. Sandeep Kothari, learned counsel for the respondent-GMVN. 4. Petitioners are serving as Driver in Garhwal Mandal Vikas Nigam (GMVN), which is a Government Company. The grievance raised by them is that benefit of Government Order dated 31.01.2014 is not being given to Driver serving in GMVN. 5. Learned counsel for the petitioner points out that as per the said Government Order, Drivers are classified into five different categories depending on the number of years they have served in a Department, and the pay structure is upgraded to the next higher category upon putting in certain number of years of service. 6. The reliefs, sought in the writ petition, are as follows:- (i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to give all salary benefit to the petitioners from the date of their initial appointment which is 1997. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the 2026:UHC:2089 respondents to count past service year from 1997 of the petitioners for giving the salary benefit as Gratuity, Pension, Grade Pay etc. 7. A counter affidavit has been filed and in para 11 thereof, it is stated that the GMVN has never resolved or decided to apply Government Order dated 31.01.2014 nor has it decided to have five grades of driver in the Corporation. 8. Mr. Sandeep Kothari, learned counsel appearing for GMVN submits that guidance of the State Government was sought on the question whether Drivers can be given benefit in terms of Government Order dated 31.01.2014, however, State Government declined to grant approval in view of precarious financial health of GMVN, 9. Since GMVN is independent of the State Government, therefore, Government Orders applicable to State employees are not ipso facto applicable to employees of GMVN. The Board of Directors of GMVN is competent to take decision, however, it is an admitted position that the Board of Directors of GMVN has not taken any decision to implement Government Order dated 31.01.2014 in respect of its Drivers. 10. Since implementation of Government Order dated 31.01.2014 has financial implications, therefore, guidance of State Government was sought. Reportedly, GMVN is running into losses, therefore, the State Government in its wisdom declined to grant approval to the proposal submitted by GMVN, thus, in view of the aforesaid facts and circumstances, the relief, as claimed, cannot be granted. 2026:UHC:2089 11. However, the writ petition is disposed of with liberty to petitioners to approach the Competent Authority by making representation. If they make representation within ten days from today, the same shall be dealt with, as per law, within six months from the date (Manoj Kumar Tiwari, J) 24.03.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f98 02a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5 C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.30 21:19:36 -07'00'