STATE OF UTTARAKHAND vs MAHENDRA SINGH

UKHC010008092026

2026:UHC:9279-DB


HIGH COURT OF UTTARAKHAND AT NAINITAL

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

Writ Petition (S/B) No. 30 of 2026


State of Uttarakhand & Others … Petitioners


Versus

Mahendra Singh & Others … Respondents

Mr. Ganesh Kandpal, Additional AG, assisted by Mr. M.S. Bisht,
Brief Holder, for the State.

Mr. A.D. Tripathi, Advocate, for the caveator/private
respondents.




J U D G M E N T



Hon’ble Manoj Kumar Tiwari, A.C.J.
Hon’ble Subhash Upadhyay, J.

(Per: Hon’ble Manoj Kumar Tiwari, A.C.J.)




State has filed this writ petition challenging
the judgment and order dated 21.4.202521.4.2025,
passed by Uttarakhand Public Services Tribunal in Claim
Petition No. 153/NB/DB of 2023. By the said judgment,
claim staked by the private respondents for Grade Pay
of ₹2400 was allowed.

2. Private respondents were appointed as
Electrician in Higher Education Department. Pay scale
admissible to Electricians serving in Public Works
Department and Irrigation Department of the State was
upgraded from ₹5200-20,200 with Grade Pay ₹1900 to
₹5200-20,200 with Grade Pay₹2400, vide Government
Order dated 1.2.2016. Electricians serving in Higher
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Education Department, however, were denied benefit of
similar pay upgradation. Thus feeling aggrieved, private
respondents approached Uttarakhand Public Services
Tribunal contending that the persons serving as
Electrician in Higher Education Department and Public
Works Department were drawing salary in the same
pay scale; their duties and responsibilities were the
same and that the academic qualifications prescribed
for appointment as Electrician in respective
departments were also exactly the same, therefore the
Electricians serving in Higher Education Department
could not have been subjected to such discrimination.

3. Learned Tribunal found favour with the
contention raised on behalf of private respondents and
allowed their claim petition by setting aside the orders
dated 25.4.2023 and 3.6.2023, whereby the
representations made by the private respondents,
staking pay parity with Electricians serving in Public
Works Department, were rejected. Learned Tribunal
directed the competent authority to approve the same
cadre structure and Grade Pay for the private
respondents serving in Higher Education Department,
as was done for the Electricians serving in Public Works
Department, Irrigation Department and Peyjal Nigam.

4. Learned Counsel appearing for the petitioners
submits that for appointment as Electrician in
engineering departments of the State, one is required
to possess five years’ experience, while there is no such
requirement of having experience for appointment to
said post in Higher Education Department. It is further
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contended that the post of Electrician in Higher
Education Department has been declared a dying cadre,
therefore the persons serving as Electrician in that
department cannot claim pay parity with the persons
serving as Electrician in Public Works Department. It is
also contended that since the private respondents are
serving as Electrician in Higher Education Department,
therefore, their pay would be governed as per the UGC
pay scales.

5. We are not impressed by the contentions
raised on behalf of petitioners. Merely because
recruitment rules for the post of Electrician in the Public
Works Department prescribe for additional requirement
of experience does not, by itself, justify the grant of
higher Grade Pay to the persons who are appointed as
Electrician in that department, particularly when the
nature of duties and responsibilities are same in the
Higher Education Department as well as Public Works
Department.

6. Secondly, the explanation offered by learned
State Counsel that since the post of Electrician has
been declared a dying cadre in Higher Education
Department, therefore, Electricians serving in that
department cannot claim pay parity with Public Works
Department and Irrigation Department does not hold
any substance, as the personnel who are still holding
the position of Electrician in the Higher Education
Department are entitled to pay parity with the
Electricians serving elsewhere. Declaration of a post as
a dying cadre means that no fresh recruitment shall be
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made against that post and the existing posts shall be
phased out gradually with superannuation, death and
resignation of the existing employees. Such a
declaration, by itself, does not justify denying the
existing incumbents the benefit of pay parity otherwise
admissible to them.

7. The third contention made on behalf of
petitioners is also not acceptable, as the UGC pay
scales are applicable only to teaching posts, whereas
the post of Electrician is a non-teaching post.

8. Since learned Tribunal has considered all
relevant aspects in great detail and gave valid reasons
for allowing the claim petition filed by the private
respondents, therefore, we do not find any scope for
interference with the impugned judgment and order.
Writ petition thus fails and is dismissed.





(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, A.C.J.)

12.10.2026
Pr
PRABODH KUMAR

Digitally signed by PRABODH KUMAR
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND,
serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR
Date: 2026.10.16 18:33:22 +05'30'
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