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2026 DAILYLAW 9576 (UTT)

DR SACHIN GAUR v. STATE OF UTTARAKHAND

WPSB/552/2026 · 2026-08-21

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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UKHC010148572026 2026:UHC:7559-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY Writ Petition (S/B) No.552 of 2026 Dr. Sachin Gaur ----Petitioner Versus State of Uttarakhand & Others ----Respondents August 21, 2026 ----------------------------------------------------------------- Presence:- Mr. Parikshit Saini, learned counsel for the petitioner Mr. Rahul Verma, learned Additional Advocate General with Mr. B.P.S. Mer and Mr. Sachin Mehta, learned Standing Counsel for the State/respondent no.1 Mr. K.P. Upadhyay, learned Senior Counsel assisted by Mr. Hemant Pant, learned counsel for respondent nos.3 and 4 Mr. Yogesh Pacholi, learned counsel for respondent no.5 Mr. Bhupesh Kandpal, learned counsel for respondent no.6 JUDGMENT : (per Mr. Manoj Kumar Gupta, C. J.) 1. Heard learned counsel for the parties. 2. The petitioner is an Assistant Professor in Computer Science and Engineering/MCA at Bipin Tripathi Kumaon Institute of Technology, Dwarahaat, District Almora. By an office order dated 07.04.2026 issued by the Registrar of the Institute, the petitioner was granted academic grade pay of ₹ 8,000 at Level-12 from 05.10.2018. Subsequently, by the impugned order dated 15.07.2026 also passed by the Registrar of the Institute, the earlier order dated 07.04.2026 has been cancelled. 1 UKHC010148572026 2026:UHC:7559-DB 3. The case of the petitioner is that the petitioner fulfilled all the requirements for the grant of Level-12 and accordingly the office order dated 07.04.2026 was issued. However, subsequently, without any notice and opportunity of hearing to the petitioner, the said order has been cancelled. It is urged that subsequent order impugned herein dated 15.07.2026 entails civil consequences and such an order could not have been passed without affording opportunity of hearing to the petitioner. 4. Shri K.P. Upadhyay, learned senior counsel appearing for respondent nos.3 and 4, Shri Yogesh Pacholia, learned counsel appearing for respondent no.5 and Shri Bhupesh Kandpal, learned counsel for respondent no.6 very fairly state that they would provide proper opportunity of hearing to the petitioner and thereafter pass a fresh order. 5. Accordingly, the impugned order dated 15.07.2026 is hereby quashed. The respondents shall, however, be at liberty to pass a fresh order after providing proper opportunity of hearing to the petitioner. 6. The writ petition stands disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 21.08.2026 Rajni 2