Facts
The petitioner was initially engaged on daily wages as a Record Clerk for 42 days from 1 March 2012 and claimed that she had continued against a sanctioned post without receiving the minimum of the applicable pay scale
Source reference: para. 4–5She relied on a Government Order dated 2 July 2026, which provided initial pay attached to the post for contractual, daily-wage, or consolidated-pay incumbents, and also sought Dearness Allowance
Source reference: para. 3, 6The State informed the Court that she was still working on a daily-wage basis, that 277 incumbents had received the minimum pay scale under the Government Order, and that her proposal was pending before the Finance Department following a recommendation by the institution’s Principal
Source reference: para. 7–8Issues
Whether the petitioner’s claim for the minimum of the Record Clerk pay scale and Dearness Allowance should be granted in the petition
Source reference: para. 3, 5–6Whether the respondents should be directed to pursue and expedite the petitioner’s pending proposal before the Finance Department
Source reference: para. 7–10Law Applied
The Court referred to the Government Order dated 2 July 2026, which provided for payment of the initial pay attached to the relevant post to contractual, daily-wage, or consolidated-pay incumbents
Source reference: para. 6The Court did not determine the petitioner’s substantive entitlement to the claimed pay-scale or Dearness Allowance; it issued a procedural direction to pursue the pending proposal
Source reference: para. 9–11Reasoning
The State’s instructions confirmed that the petitioner continued on daily wages and that her proposal, supported by the Principal’s recommendation, was pending before the Finance Department
Source reference: para. 7–8Because that proposal had not yet been decided, the Court did not adjudicate whether the petitioner was entitled to the claimed benefits. Instead, it directed the official respondents to pursue the matter and make efforts to expedite its consideration
Source reference: para. 9–10Holding
The petition was disposed of finally, without a determination on the merits of the petitioner’s claims for the minimum pay scale or Dearness Allowance.
The Secretary, Medical Education, the Director, Medical Education, and the Principal of the institution were directed to pursue the pending matter before the Finance Department and make all possible efforts to expedite it within six weeks from presentation of a certified copy of the order
Source reference: para. 9–11Original Court PDF
POOJA NEGIvsSTATE OF UTTARAKHAND
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