Radhe Lal & Ors. vs State Of Uttarakhand & Ors.

Hon'ble Pankaj Purohit, J. (Oral)

Since common question of law and facts are involved in all these writ petitions, hence, they are being taken up together and are being decided by this common judgment and order. However for the sake of brevity, the facts of the WPSS No. 2515 of 2026 are being considered.

Heard learned counsel for the parties.

By means of these writ petitions, petitioners sought a writ of certiorari quashing the order dated 28.04.2018 passed by respondent no.2, relying upon the decision taken by the high level Committee for the Education Department dated 09.02.2018, whereby, it has been decided after re-fixation of the salary of the petitioner, that the excess amount paid to the petitioner shall be recovered.

Petitioners are appointed as Assistant Teachers in primary school, District Rudraprayag and Tehri Garhwal; on completion of requisite period of service; they were promoted to the post of Assistant Teacher in the upgraded i.e. Junior High School.

By the impugned order dated 28.04.2018 issued by respondent no.2, a direction has been issued to the District Education Officer to make sure the recovery of excess payment paid to petitioners and similarly situated persons, holding that excess payment was made to them from the date of the year promotion which actually was to be paid w.e.f. 01.04.2009.

Learned counsel for the petitioners contends that the amount was paid to the petitioners from the date of their actual promotion and no excess payment was made to them.

On the previous date i.e. 29.09.2026, learned State Counsel was directed to seek instructions in the matter.

Today, learned State Counsel passed on to this Court written instructions dated 03.10.2026, which is taken on record. On instructions dated 03.10.2026, under the hand of respondent no. 4-District Education Officer (Primary Education), District Rudraprayag, it is stated that although the petitioners are getting excess payment due to wrong fixation of their pay scale, but as yet, no recovery is underway.

Learned counsel for the petitioners submits that the present matter is squarely covered by the judgment rendered by this Court in WPSS No.990 of 2018, Manoj Kumar Vs. State of Uttarakhand and others and batch, decided on 06.11.2023.

Respondent no. 4-District Education Officer (Primary Education), District Rudraprayag, also admitted the said fact in the instructions dated 03.10.2026 that the present matter is covered by the aforesaid judgment.

Since the controversy involved in the present writ petitions is squarely covered by the controversy involved in WPSS No. 990 of 2018, Manoj Kumar Vs. State of Uttarakhand and others and batch, decided on 06.11.2023, therefore, these writ petitions are partly allowed, in terms of the aforesaid judgment. The respondents are restrained from any recovery from the petitioners pursuant to the impugned orders.