2026:UHC:3387 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2348/2024 With WPSS/1645/2025 WPSS/2503/2024 WPSS/2510/2024 WPSS/1225/2025 WPSS/1228/2025 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Parikshit Saini, learned counsel for the petitioners. 2. Ms. Mamta Bisht, learned Deputy Advocate General for the State of Uttarakhand. 3. Since common questions of facts and law are involved in these petitions, therefore, these are being heard and decided together. However, for the sake of brevity and convenience, facts of WPSS No. 2348 of 2024, along are being considered and discussed. 4. Petitioners were appointed as Assistant Teacher in Primary School run by Basic Education Board, Uttar Pradesh and they were thereafter promoted as Head Master in Primary School/Assistant Teacher in Junior High School. All the petitioners acquired the status of Government Servant by virtue of Section 58 of Uttarakhand School Education Act. 5. Petitioners’ pay scale was upgraded w.e.f. 01.01.2006 and their pay was fixed at ₹4600, however, monetary benefit given to petitioners was withdrawn and the excess amount paid to them was sought to be recovered by means of separate order(s), challenged in the writ petition. 6. Learned counsel for the petitioners submits that this Court decided identical issue in WPSS No. 990 of 2018 & other 2026:UHC:3387 connected petitions. Copy of that judgment is annexed as Annexure 2 to the writ petition. 7. Ms. Mamta Bisht, learned Deputy Advocate General appearing for the State concedes that the issue is covered by judgment rendered in WPSS No. 990 of 2018. She relies upon para 4 & 5 of the short counter affidavit filed by Mr. Ashutosh Bhandari, District Education Officer (Primary), Haridwar, which reads as under:- “4. That in compliance of the judgment and order dated 06.11.2023 passed in WPSS No. 990 of 2018 “Manoj Kumar Vs. State of Uttarakhand & others“ and batch of the writ petitions, the benefit has been extended to the petitioners of those petitions, in those writ petitions the petitioners were not a party. 5. That after the judgment and order dated 06.11.2023 passed in Writ Petition (S/S) no. 990 of 2018 “Manoj Kumar Vs. State of Uttarakhand & others”, several other writ petitions have been filed before this Hon’ble Court in which the order dated 28.04.2018 was challenged, which too have been disposed of by this Hon’ble Court in terms of the judgment and order dated 06.11.2023 passed in Writ Petition (S/S) No. 990 of 2018 “Manoj Kumar Vs. State of Uttarakhand & others”. The matter of the petitioner is similar to the aforesaid writ petitions and is covered by the judgment and order dated 06.11.2023 passed by this Hon’ble Court in WPSS No. 990 of 2018 “Manoj Kumar Vs. State of Uttarakhand & others”. 8. Since respondents have conceded in their counter affidavit that issue involved is squarely covered by the aforesaid judgment and learned State Counsel also makes a similar concession, therefore, these writ petitions are decided in terms of judgment dated 06.11.2023 rendered in WPSS No. 990 of 2018 & other connected petitions. (Manoj Kumar Tiwari, J) 05.05.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b0 8d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F 4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.05.05 05:49:38 -07'00' 2026:UHC:3387