WPSS/2279/2022
2022 Latest Caselaw 4007 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                     COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  WPSS No. 2279 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Rajendra Dobhal, Senior Advocate, assisted by Mr. Shubhang Dobhal, Advocate for the petitioner.

Mr. Puran Singh Bisht, Additional C.S.C. for the State of Uttarakhand.

Heard learned counsel for the parties. Petitioner participated in a selection for the post of Assistant Teacher, L.T. Grade held in the year 2006, however, her appointment was delayed due to certain unavoidable reasons and she was ultimately appointed pursuant to judgment of this Court in 2012. According to the petitioner, although benefit of seniority has been given to the petitioner from the date other candidates appointed pursuant to the said selection, however, petitioner has not been given benefit of notional increment. Thus, feeling aggrieved, petitioner has approached this Court. Relief sought in the writ petition is extracted below:

"I. A writ, order or direction in the nature of mandamus commanding the Respondents to fix the basic pay as well as grade pay of the Petitioner at par to the similarly situated teachers appointed in the selection process initiated in the year 2006 notionally and calculate the pay scale of the Petitioner on the basis of date of substantive appointment."

Learned Senior Advocate, after arguing for a while, submits that since petitioner has already made a representation, which has not been decided so far, therefore, Competent Authority be directed to take decision on the said representation at the earliest.

Accordingly, the writ petition is disposed of with a direction to Director, Secondary Education to take decision on petitioner's representation dated 25.09.2021, within a period of ten weeks' from the date of production of certified copy of this order alongwith copy of representation.

(Manoj Kumar Tiwari, J.) 14.12.2022 Arpan