Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3523 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/ 3 1 5 / 2 0 2 1 Hon ’ble Man oj Ku m ar Tiw ar i, J
1. Mr. Pawan Sanwal, Advocate holding brief of Mr. Rahul Consul, learned counsel for the petitioner.
2. Mr. Pradeep Hairiya, learned Additional C.S.C. for the State of Uttarakhand.
3. Mr. Rajesh Sharma, learned counsel for the respondent-Uttarakhand Forest Development Corporation.
4. Petitioners were employees of Uttarakhand Forest Development Corporation (in short “Corporation”) and they retired from the post of Scalar, except petitioner no. 1, who appears to be still in service.
5. Petitioners were given benefit of 3rd ACP by taking 1991 as a base year; however, pursuant to Audit Report, State Government directed the Corporation to take 2002 as the base year for grant of ACP to the petitioner. In terms of Audit Reports, the pay scale of the petitioners was downgraded and amount allegedly paid in excess was sought to be recovered from them by passing the
order in
2019. Petitioner made representation against the said recovery
order, which was rejected. Thus, feeling aggrieved, petitioners filed this writ petition seeking the following reliefs: -
(i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 16.10.2020 whereby the representation of the
2026:UHC:3523 petitioner has been rejected by the respondents and also the order 27.05.2019 passed by the Secretary to the State of Uttarakhand.
(ii) Issue a writ, order or direction in the nature of certiorari declaring the impugned proceedings dated 05.02.2019 and 14.02.2019 as illegal, arbitrary and against the dictum of Hon’ble Allahabad High Court.
(iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to pay full salary to the petitioners as the same was being paid to them prior to the issuance of letters dated 05.02.2019 and 14.02.2019.
(iv) Issue a writ, order or direction in the nature of mandamus directing the respondents to ensure payment of arrears of salary on account of reduction from the month of February, 2019.
6.
Learned counsel for the petitioners refers to a judgment rendered by this Court in WPSS No. 421 of 2025; he submits that identical issue was decided in the said judgment, therefore, this writ petition deserves to be decided in terms of that judgment.
7. Mr. Rajesh Sharma, learned counsel appearing for the Corporation concedes that the issue involved in this writ petition is identical to the above writ petition.
8. Accordingly, the writ petition is decided in terms of judgment dated 26.11.2025 rendered in WPSS No. 421 of 2025 & other connected matters.
( Man oj Ku m ar Tiw ar i, J)
08.05.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.05.08 03:05:44 -07'00'
2026:UHC:3523