2026:UHC:788 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2331/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Anil K. Bisht, learned counsel for the petitioners. 2. Mr. N.K. Papnoi, learned Standing Counsel for the State of Uttarakhand. 3. Petitioners are serving as Assistant Teacher in different Government Primary Schools in District Bageshwar. 4. By means of this writ petition, petitioners have sought the following reliefs:- (i) Issue a writ, order or direction, in the nature of certiorari calling for the record and quashing the impugned order dated 21.08.2024 (annexure no. 1) passed by respondent no. 4 i.e. 21.08.2024 (annexure no. 1) passed by respondent no. 4 i.e. Deputy Education Officer, Garur, District-Bageshwar, (so far as it relates to the petitioners) vide which the respondent no. 4 by misinterpreting the rule 19(6) of the Uttarakhand Government Elementary Education (Teachers) Service Rules, 2012 and without going through the true facts has sought the explanation from the petitioners that under which government order the selection grade was sanctioned to them in the year 2019 on completion of 13 years of service and further challenging the unilateral impugned action by which the department has taken back the financial upgradation (by putting the petitioners from grade pay of Rs. 4600 to 4200) which was earlier legally granted them by the department in the year 2019. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent department not to make recovery of the amount in the instalments month by month from the salary of the petitioners and further to keep on paying them the grade pay of Rs. 4600/- and the consequential benefits, for which they are legally entitled and further refund the amount alongwith admissible interest, which has already been illegally recovered by the department from the salary of the petitioners. 5. Learned State Counsel submits that writ petition is premature, as petitioners were only called upon to show the 2026:UHC:788 Government Order on the strength of which they were sanctioned selection grade in the year 2019. He submits that no prejudice is caused to petitioners by the notice issued to them, and in fact, notice was issued to comply with the provisions of the principle of natural justice. 6. Learned counsel for the petitioners, however, submits that Department has started recovery from the salary of petitioners and in support of this contention, he referred to averments made in para 24 to the writ petition. 7. However, the statement made in para 24 is absolutely vague, and the date from which recovery is made and the amount which is to be recovered from the salary, is nowhere indicated. 8. Learned State Counsel submits that since petitioners were wrongly given benefit of selection grade, therefore, their salary has been re-fixed by the Competent Authority, which is not under challenge in this writ petition and no order of recovery has been passed against the petitioners, as yet. 9. In view of the statement made by learned State Counsel, this Court does not find any reason to entertain the writ petition. The notice issued to petitioners do not cause any prejudice to them, and the notice in fact, meets the requirement of principle of nature justice. 10. Thus, the writ petition is dismissed as premature, with liberty to petitioners to approach this Court again as and when a cause of action arises. (Manoj Kumar Tiwari, J) 11.02.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A5853 1726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.02.11 03:26:43 -08'00' 2026:UHC:788