Uttarakhand High Court
WPSS/1605/2021 on 16 December, 2021
Office Notes, reports, orders or
SL.
Date proceedings or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with Signatures
16.12.2021
WPSS No. 1605 of 2021
Hon'ble Sharad Kumar Sharma, J.
Mr. Mohd. Umar, Advocate, for the
petitioners.
Mrs. Anjali Bhargava, Addl. CSC, for the
State.
With the consent of the learned counsel
for the parties, the matter is heard finally.
The petitioners to the present writ
petition, have come up with the case, that after
having appointed as an Assistant Teachers in the
Junior Basic School, in the year 1986, they had
completed their 10 years of services and they
would be entitled to be granted with the selection
grade and the consequential promotional pay scale
on completion of the requisite period of required
services.
The learned counsel for the petitioners
further submits, that the petitioners were also
entitled for the benefits of the pay and promotional
pay scale, based on the implications of Section 58
of the Uttarakhand School Education Act, which
was the subject matter of consideration before the
learned Single Judge, in a judgement, which had
been rendered on 7th April 2014, which later on
stood affirmed by the Division Bench of this Court
in Special Appeal, being Special Appeal No. 269
of 2014, Anusuya Prasad Purohit & others Vs.
State & Others. Not even that, he submits that in
compliance of the aforesaid judgment, the State
itself has issued an order on 28th August 2020, for
the purposes of remittance of the amount as
directed by the above judgments.
Be that as it may. The learned counsel for
the petitioners submits, that in fact, there happens
to be no controversy, as such, pertaining to the
entitlement of the petitioners and the remittance of
the pay and promotional pay scale, as it has been
claimed by the petitioners in the present writ
petition, claiming that the same has to be
determined after the grant of Grade Pay of Rs.
5400/-.
The learned counsel for the petitioners
submits, that in relation thereto, the issue came up
for consideration before the Chief Education
Officer, Champawat as the claim was initially
submitted by the petitioners before the Principal, of
the Government Inter College and while
responding to the same, the Chief Education
Officer had written to the Director, Secondary and
Primary Education, Dehradun, to provide an
appropriate direction to the Chief Education
Officer, with regard to the remittance of claim
raised by the petitioners before the office of the
Chief Education Officer, Champawat and the same
is still awaited to be considered and decided and no
decision has been taken, as such, by the Director,
despite the communication of the Chief Education
Officer dated 15th of January 2021.
Hence, in that view of the matter, since
the only embargo, which has been created is
because of the decision-making pendency, at the
hands of the Director, based on the communication
of the Chief Education Officer dated 15th January
2021, this writ petition is being disposed of with
the direction to the respondent No. 2, to take a call
on the said recommendation dated 15th January
2021, and decide the issue as raised by the
petitioners and sought to be agitated on the basis of
the correspondence made by the Chief Education
Officer on 15th January 2021, and extend the
benefits, if the petitioners' claim false to be within
the ambit of the decision on zone of consideration
referred to in the present writ petition.
The decision is expected to be taken by
respondent No. 2, within the period of two months
from the date of production of the certified copy of
this judgement.
Subject to above observations, the writ
petition stands disposed of.
(Sharad Kumar Sharma, J.)
Mahinder/
16.12.2021
