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Judgment
Hon’ble Pankaj Purohit, J.
According to petitioners, they are serving as Staff Nurse/Sr. 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) and Senior Staff Nurse (now Sr. Nursing Officer) to the petitioners from the date when the similarly situated persons were granted the benefit vide Government Order dated 02.07.2026.”
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.
Learned State Counsel, however, disputes the said contention and submits that it is only the Competent Authority who will examine the question of petitioners’ eligibility to get minimum of pay scale as per Government Order dated 02.07.2026. He submits that petitioners have sought a writ of mandamus without making any formal demand to the Competent Authority.
Learned counsel appearing for the petitioners, however, submits that Principal of the concerned Institute has recommended certain names for grant of minimum of pay scale which also contain the name of petitioners. Learned counsel for the petitioners submits that respondent no.3-Director be asked to examine petitioners’ claim and grant minimum pay scale to them.
The writ petitions is, accordingly, disposed of with liberty to petitioners to make representation(s) to Director, Medical Education. If petitioners make 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 them the due benefits from the date, as it was given to other similarly situate persons.