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2026 DAILYLAW 4460 (UTT)

VIMLA MAURYA v. STATE OF UTTARAKHAND

WPSS/625/2024 · 2026-05-04

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:3356 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 625/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Sandeep Tiwari and Mr. Piyush Tiwar, Counsel for the petitioner. Mr. Narayan Datt, Standing Counsel, for the State. (2) Petitioner retired from the post of Health Inspector from Medical Department on 30.6.2022. By means of this writ petition, she has sought the following reliefs: “i) Issue a writ, order or direction in the nature of Mandamus directing respondent no. 1 and 2 to fix the salary of the petitioner in the pay scale of Rs 17,570 and grade pay Rs 4800=Rs 22,370 w.e.f. 28.05.2011 and to pay the arrears of the salary to the petitioner at the earliest. ii) Issue a writ, order or direction in the nature of Mandamus directing respondent no. 1 and 2 to release gratuity, leave encashment, arrears of pension, pension and other retiral dues of the petitioner at the earliest. iii) Issue a writ, order of direction in the nature of Mandamus directing respondent no. 1 and 2 to pay the interest at the rate of 9% for illegally detaining the arrears of the salary, retiral dues and pension of the petitioner.” (3) It is contended that one similarly situate person, namely, Smt. Prema Badola was given two increments while granting 2nd ACP, but petitioner was denied similar benefit. Learned Counsel for the petitioner further submits that pension, gratuity and commutation have not been sanctioned to petitioner. (4) Learned State Counsel submits that the amount payable as GPF has been released 2026:UHC:3356 to petitioner on 1.8.2022; amount payable as leave encashment has been paid to her on 26.5.2023 and the release of the amount of group insurance is in progress. He submits that pension could not be sanctioned to petitioner because of her objection regarding her pay fixation, as she was claiming parity with Smt. Prema Badola. (5) Having regard to the facts and circumstances of the case, this Court thinks that ends of justice would be met if petitioner is permitted to make representation to the competent authority, highlighting her grievance. Writ petition is, accordingly, disposed of by permitting the petitioner to make fresh representation to Director General, Medical, Health and Family Welfare. If she makes representation within two weeks from today, decision thereupon shall be taken, as per law, within four months thereafter. It shall be open to Director General to hear all stakeholders, including Smt. Prema Badola, before taking any decision in the matter. (Manoj Kumar Tiwari, J.) 4.5.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.05.05 17:37:21 +05'30' 2026:UHC:3356