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2026 DAILYLAW 9476 (UTT)

SUBE SINGH YADAV v. STATE OF UTTARAKHAND

WPSS/2200/2026 · 2026-08-17

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010145022026 2026:UHC:7382 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2190/2026 Pratik Kumar Dangroliya …Petitioner Versus State Of Uttarakhand …Respondent With WPSS No. 2191 of 2026 WPSS No. 2192 of 2026 WPSS No. 2193 of 2026 WPSS No. 2194 of 2026 WPSS No. 2195 of 2026 WPSS No. 2199 of 2026 WPSS No. 2200 of 2026 WPSS No. 2101 of 2026 WPSS No. 2202 of 2026 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Amar Murti Shukla, learned counsel for the petitioners. 2. Mr. D.K. Bankoti, learned Brief Holder for the State of Uttarakhand. 3. Since common questions of law and fact are involved in these petitions, therefore, they are being heard and decided together. However, for the sake of brevity and convenience, facts of WPSS No. 2190 of 2026 alone are being considered and discussed. 4. According to petitioner, he is serving as Staff Nurse (now Nursing Officer) in Veer Chandra Singh Garhwali Government Medical Science and Research Institute, Srinagar, Pauri Garhwal since 2010. The grievance raised by petitioner is that other similarly situate persons, serving in that Institute, are getting minimum pay scale, however, such benefit is not being given to petitioner. The relief sought in the writ petition is as under:- (i) Issue a writ order or direction in the nature of mandamus directing the respondent authorities to extend the benefit of the minimum of the pay scale to the post of Staff Nurse (now Nursing Officer) to the petitioner from the date when UKHC010145022026 2026:UHC:7382 the similarly situated persons were granted the benefit vide Government Order dated 02.07.2026. 5. Learned counsel for the petitioner relies upon Government Order dated 02.07.2026 and submits that petitioner’s case is covered by that Government Order. 6. Learned State Counsel, however, disputes the said contention and submits that it is only the Competent Authority who will examine the question of petitioner’s eligibility to get minimum of pay scale as per Government Order dated 02.07.2026. He submits that petitioner has sought a writ of mandamus without making any formal demand to the Competent Authority. 7. Mr. Amar Murti Shukla, learned counsel appearing for the petitioner, however, submits that Principal of the concerned Institute has recommended certain names for grant of minimum of pay scale and petitioner’s name is at serial no. 8 in that list, which was issued on 29.05.2026. Learned counsel for the petitioner submits that Director be asked to examine petitioner’s claim and grant minimum pay scale to him. 8. The writ petitions are, accordingly, disposed of with liberty to petitioners to make representation(s) to Director, Medical Education. If petitioners makes representation(s) within two weeks, decision thereupon shall be taken, as per law, within six weeks thereafter. If petitioner(s) is found eligible for benefit of Government Order dated 02.07.2026, then the Director shall consider granting him the due benefits from the date, it was given to other similar situate persons. (Manoj Kumar Tiwari, J) 17.08.2026 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: 2026.08.18 07:43:08 -07'00'