State Of Uttarakhand & others vs Avtar Singh Bisht & others

Judgment

1. Heard learned counsel for t he part ies and perused t he record.

2. St at e has t his int ra- court appeal challenging t he j udgm ent dat ed 04.05.2017 passed in WPSS No. 955 of 2009. Operat ive port ion of t he said j udgm ent is reproduced below: - “ The pet it ioner has discharged t he dut ies of t he higher post of Execut ive Officer, as adm it t ed in t he count er affidavit filed by respondent no. 2. Thus, pet it ioner is ent it led for t he salary of higher post of Execut ive Officer from due dat e as per Rule 22B Par 2 Vol.I I in Financial I V of Fundam ent al Rules cont ained Handbook Part 2 Vol. I I t o I V. t o Accordingly, t he writ pet it ion is allowed. The im pugned order dat ed 03.07.2009 ( Annexure No. 4) is quashed and set aside. The respondent s are direct ed t o grant t he salar y/ pay and allowances t o t he pet it ioner of t he higher post of Execut ive Officer w it hin a period of t en weeks from t oday.”

3. Learned counsel for t he appellant subm it s t hat writ pet it ioner ( respondent herein) was serving as 1 Account ant in Zila Panchayat , Ut t arkashi; t he person, holding officiat ing charge of Apper Mukhya Adhikari in Ut t arkashi, was t ransferred t o Tehri Garhwal, t herefore, t he writ pet it ioner was asked t o discharge dut ies as Apper Mukhya Adhikari, Ut t arkashi in addit ion t o t he dut ies of Account ant vide order dat ed 09.09.2004. I t was m ent ioned in t he said order t hat writ pet it ioner will not get any addit ional salary/ rem unerat ion discharging dut ies as Apper Mukhya Adhikari. Learned St at e Counsel subm it s t hat Apper Mukhya Adhikari, as per Rules, is t o be appoint ed t hrough Public Service Com m ission and a person, who was sim ply assigned dut ies of Apper Mukhya Adhikari, for a short while is not ent it led for regular salary and ot her allowances, adm issible for t he post , as have been grant ed by im pugned j udgm ent .

4. Per cont ra, learned counsel for respondent no. 1 subm it s t hat writ pet it ioner discharged dut ies, as Apper Mukhya Adhikari cont inuously from 2004 t ill his regular prom ot ion as Apper Mukhya Adhikari on

23.09.2011; t herefore, he was ent it led t o all m onet ary benefit s, adm issible for t he post of Apper Mukhya Adhikari and learned Single Judge has right ly allowed t he writ pet it ion, challenging t he order dat ed

03.07.2009 passed by Secret ary, Panchayat i Raj , whereby writ pet it ioner’s claim for salary and allowances was rej ect ed.

5. I t is not in disput e t hat t he writ pet it ioner was assigned dut ies as Apper Mukhya Adhikari in 2004 by t he Direct or, Panchayat i Raj and he discharged dut ies as Apper Mukhya Adhikari cont inuously t ill 2 23.09.2011. The reason assigned by t he Secret ary in t he order dat ed 03.07.2009, im pugned in t he writ pet it ion, are not sat isfact ory. However, t he direct ion issued by learned Single Judge t o grant salary and ot her allowances, t he post of Apper Mukhya Adhikari t o t he pet it ioner, does not appear t o be correct , as t he Com pet ent Aut horit y has t o exam ine t he issue in t he light of applicable Rules and t ake a decision t he quest ion of paym ent of salary for holding officiat ing charge of t he higher post .

6. We, t herefore, int erfere wit h t he direct ion issued t o t he Aut horit ies t o grant t he salary & allowances for t he post of Apper Mukhya Adhikari t o t he writ pet it ioner and we m odify t he im pugned j udgm ent by providing t hat t he Com pet ent Aut horit y in t he St at e Governm ent shall re- exam ine t he claim of t he writ pet it ioner for salary and allowances for t he post of Apper Mukhya Adhikari for t he period he discharged dut ies of said post , uninfluenced by t he order dat ed

03.07.2009, passed earlier, and pass a reasoned order, as per law, wit hin six m ont hs t he dat e of product ion of cert ified copy of t his order.

7. Wit h t he aforesaid direct ion, special appeal

st ands disposed of. ( A sh i sh N a i t h a n i , J.) ( M a n o j K u m a r Ti w a r i , J.)

07.05.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa8 5f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D2 6F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL 3