WPSS/1636/2022
2022 Latest Caselaw 2769 UK

Citation : 2022 Latest Caselaw 2769 UK
Judgement Date : 31 August, 2022

Uttarakhand High Court

WPSS/1636/2022 on 31 August, 2022

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                  COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPSS 1636/2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Pankaj Tangwan, Advocate, for the petitioner.

Mr. V.S. Rawat, Brief Holder, for the State/respondents.

Petitioner was appointed as Peon in U.P. Basic Education Board on 27.12.1991. Subsequently, on 20.4.2001, he was promoted on the post of Junior Assistant. In the year 2006, status of government servant was conferred upon the petitioner in terms of Section 58 of Uttarakhand School Education Act. Petitioner retired on 30.6.2022.

In this writ petition, petitioner has sought a direction to the State Education Department to grant him all benefits including promotion after taking into account the services rendered by him in Basic Education Board.

Reliance has been placed on a judgment of Division Bench of this Court rendered on 28.6.2010 in the case of State of Uttarakhand & Others v. Beer Singh Bhandari (Special Appeal No. 44 of 2010), wherein the Division Bench has held that benefits of services rendered in Basic Education Board cannot be denied to an employee after his absorption in government service in terms of Section 58 of Uttarakhand School Education Act, 2006.

Having regard to the facts and circumstances of the case, this Court thinks that ends of justice would be met if petitioner is permitted to approach the District Education Officer (Elementary), Dehradun for ventilation of his grievance. Accordingly, writ petition is disposed of with liberty to the petitioner to move a representation to District Education Officer (Elementary), Dehradun and if he makes such a representation within three weeks from today, decision thereupon shall be taken within three months thereafter.

(Manoj Kumar Tiwari, J.) 31.8.2022 Pr