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Judgment
Alok Kumar Verma, J
Petitioner was Assistant Teacher (L.T. Grade). He had moved an application for voluntary retirement. The said application was accepted vide order dated 25.01.2023 w.e.f. 31.01.2023.
Present Writ Petition has been filed under Article 226 of the Constitution of India with the following prayers:-
“(I). Issue a writ of certiorari quashing the impugned order dated 20.02.2023 passed by Finance and Account Officer, School Education, Narendra Nagar, District Tehri Garhwal (respondent no.6) (contained as Annexure No.2) to this writ petition).
(II). Issue a writ of certiorari quashing the impugned order dated 06.06.2023 passed by respondent no.5 (contained as Annexure No.3 to the writ petition).
(III). Issue a writ, order or direction in the nature of mandamus directing the respondents not to recover the amount sought by order dated 06.06.2023 and add the entire service rendered by petitioner in primary education for application of selection grade/promotional pay scale and other retiral benefits.
(IV). Issue any other or further writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case.
(V). To award the cost of the petitions in favour of the petitioner.”
Heard Mr. Anil Kumar Joshi, learned counsel for petitioner and Mr. Atul Bahuguna, learned Standing Counsel for State.
Mr. Anil Kumar Joshi, Advocate, has relied upon a judgment of the Hon’ble Supreme Court passed in “State of Punjab and Others vs. Rafiq Masih (White Washer) and Others ”, (2015) 4 SCC 334.
Mr. Atul Bahuguna, Standing Counsel, has sought four weeks’ time to file counter affidavit.
List on 18.09.2023.
Till then, impugned order dated 20.02.2023, passed by respondent no.6 and order dated 06.06.2023, passed by respondent no.5, are kept in abeyance.