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2026 DAILYLAW 4594 (UTT)

ASHOK KUMAR v. NAGAR PALIKA PARISHAD

WPSS/1164/2026 · 2026-05-06

Manoj Kumar Tiwari

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:3415 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1164/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Anup Kumar Verma, Advocate, for the petitioner. Mr. Narayan Datt, Standing Counsel, for the State. Mr. Suresh Chandra Bhatt, Advocate, for the respondent no. 1 and 2. (2) Petitioner is serving on contract as JCB Driver in Nagar Palika Parishad, Kichha, reportedly since 21.3.2012. It is contended that petitioner is serving continuously without any break whatsoever and there is no complaint against his conduct and performance, yet he is not being paid minimum of pay-scale. It is contended that four similarly situate persons, appointed between 2010 to 2013, have been given minimum of pay-scale, therefore denial of such benefit to the petitioner is unjust and arbitrary. Petitioner has challenged the order dated 17.8.2022, passed by Executive Officer, whereby petitioner’s claim for minimum of pay-scale was rejected by holding that the post of JCB Driver is to be filled only through outsourcing. (3) Learned Counsel for the petitioner submits that identical issue was decided by this Court in WPSS No. 1399 of 2022 and other connected petitions, therefore this writ petition also deserves to be decided in terms of the judgment rendered in that writ petition. (4) Learned Counsel appearing for Nagar Palika Parishad concedes that identical issue was dealt with by this Court in WPSS No. 1399 of 2022, therefore he 2026:UHC:3415 has no objection if this writ petition is decided in terms of judgment rendered in that writ petition. (5) In such view of the mater, this writ petition is decided in terms of the judgment dated 23.3.2026, rendered in WPSS No. 1399 of 2022. Petitioner shall be at liberty to make representation claiming minimum of pay-scale. If he makes such representation within two weeks from today, decision thereupon shall be taken by the Executive Officer, as per law, within ten weeks thereafter. (Manoj Kumar Tiwari, J.) 6.5.2026 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=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9 1957BE53, cn=PRABODH KUMAR Date: 2026.05.06 17:01:25 +05'30' 2026:UHC:3415