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2026 DAILYLAW 3834 (UTT)

KAMLESH NEGI AND OTHERS v. STATE OF UTTARAKHAND

WPSS/2381/2025 · 2026-03-16

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:1755 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 2 3 8 1 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. M.K. Chand, Advocate for the petitioner. 2. Mr. Dinesh Bankoti, Brief Holder for the State of Uttarakhand/ respondents. 3. Petitioners were appointed as Health Worker (Female) in Medical Department of the State. According to them, certain other Health Workers are being paid salary on a higher pay scale as compared to the petitioner. Reliefs sought in the writ petition are as follows: - “(i) I ssue a writ, order or direction in the nature of certiorari quashing the G.O. dated 02.05.2013 issued by the respondent no. 1 (Annexure No. 4) to the extent that new appointees in Health Worker (Male/ Female) cadre will be entitled for pay scale of rs.5200- 20200 (Grade Pay-2000). (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the revised Pay Scale of Rs.5200-20200 (Grade Pay of Rs. 2800) to the petitioners from the date of their appointment/ joining in the respondent department in terms of G.O. dated 11.09.2013 (Annexure No. 5), as the same is being paid to the similarly situated Health Worker (Female)/ ANM appointed against the advertisement dated 29.11.2010.” 4. Learned State Counsel submits that since petitioners are public servant, therefore, they have remedy of approaching Public Services Tribunal. 2026:UHC:1755 5. Learned counsel for the petitioners do not dispute this contention. 6. Since the dispute raised by the petitioners is amenable to the jurisdiction of Tribunal established under U.P. Public Service (Tribunals) Act, 1976, therefore, the writ petition is dismissed on the ground of alternate remedy with liberty to petitioners to approach the Tribunal. ( Man oj Ku m ar Tiw ar i, J.) 16.03.2026 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df006da82a131bb4e4403d3c0 a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA875643AF56D653D095C6ED9 A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2026.03.16 19:34:14 +05'30'