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2026 DAILYLAW 8138 (UTT)

RAVINDRA KUMAR v. STATE OF UTTARAKHAND

WPSS/1824/2026 · 2026-07-15

Pankaj Purohit

body2026

Judgment text

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UKHC010121392026 2026:UHC:5827 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Service Single No. 1824 of 2026 15 July, 2026 Ravindra Kumar --Petitioner Versus State Of Uttarakhand & others --Respondents ---------------------------------------------------------------------- Presence:- Ms. Shazia Parveen, learned Counsel i/b Mr. Parikshit Saini, learned Counsel for the petitioner. Mr. Sushil Vashisth, learned S.C. for the State. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. (Oral) By means of this writ petition, petitioner has sought a writ of certiorari quashing the order dated 28.04.2018, whereby the respondent no.2 has directed to recover the excess payment made to the petitioner allegedly due to wrong fixation of pay scale. 2. Petitioner was initially appointed as Assistant Teacher in Primary School in District Haridwar. On completion of requisite period, he was promoted to the post of Assistant Teacher in Junior High School in the year 2008. By impugned order dated 28.04.2018 issued by respondent no.2, a direction was issued to ensure recovery of excess payment made to the petitioner, holding that the excess amount was to be paid to him from the date of promotion, but it was actually paid to the petitioner with effect from 01.01.2006. 1 UKHC010121392026 2026:UHC:5827 3. Learned counsel for the petitioner contends that the amount was paid to the petitioner from the date of his actual promotion and that no excess amount has been paid to him. 4. Learned Counsel for the petitioner submits that subject matter of this writ petition is squarely covered by order dated 06.11.2023 passed by the Co- ordinate Bench in WPSS No.990 of 2018, (Manoj Kumar vs. State of Uttarakhand & others and batch), and other connected petitions. 5. There is no opposition from the side of respondent-State to this point. 6. Since the subject matter of this writ petition is similar to the writ petitions decided by the judgment rendered by the Co-ordinate Bench in WPSS No. 990 of 2018, (Manoj Kumar vs. State of Uttarakhand & others and batch), decided on 06.11.2023, therefore, this writ petition deserves to be decided in the light of the said judgment. 7. Following the ratio of the aforesaid judgment, this writ petition is allowed. Order dated 28.04.2018 is quashed qua petitioner. The respondents are restrained from making any recovery from the petitioner pursuant to the impugned order. 8. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 15.07.2026 Rdang 2 RAJEEV DANG Digitally signed by RAJEEV DANG DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=963da6fc6df8dbb91944e0c58b9ed259ec3d800f419a1199f 15a3961c8ca2957, postalCode=263001, st=UTTARAKHAND, serialNumber=63F6E663A1DD44892EED6B81F043D778B37D74D2D B7200F2DABC7ABCC1CA358D, cn=RAJEEV DANG Date: 2026.07.16 11:14:13 +05'30'