WPSS/1159/2022
2022 Latest Caselaw 1874 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                  COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPSS 1159/2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Anil Kumar Joshi, Advocate, for the petitioner.

Mr. Narayan Datt, Brief Holder, for the State/respondents.

Prior to State reorganisation, petitioner was appointed as Teacher in Basic Education Board, Uttar Pradesh. Upon State reorganisation, he was merged in the cadre of L.T. Grade Teacher. Petitioner was granted promotional pay scale w.e.f. 30.9.2017. However, the said benefit was subsequently withdrawn vide order dated 19.12.2018. The order dated 19.12.2018, withdrawing the benefit of promotional pay scale from petitioner and other similarly situated teachers, was challenged before this Court by filing various writ petitions. Those writ petitions were allowed vide judgments dated 12.10.2020 and 30.12.2020.

Admittedly, petitioner was not party to any of those writ petitions which were allowed. Petitioner has now retired on 30.4.2022. While examining pension papers of petitioner, Finance and Accounts Officer, Tehri Garhwal has raised an objection that petitioner was not party to those writ petitions which were allowed by this Court vide judgments dated 12.10.2020 and 30.12.2020 and, therefore, he cannot be given benefit of promotional pay scale. Thus feeling aggrieved, petitioner has approached this Court.

Learned Counsel for the petitioner submits that since similar controversy has been decided by a coordinate Bench of this Court, therefore the objection raised by the Finance and Accounts Officer is without any basis. However, learned Counsel confines his prayer only to the extent that petitioner be permitted to make a representation, highlighting all relevant facts, to Regional Additional Director of Education, Pauri, who be directed to take decision on such representation.

Accordingly, writ petition is disposed of with liberty to petitioner to make representation to the Regional Additional Director of Education, Pauri and if petitioner makes such representation within two weeks from today, decision thereupon shall be taken within eight weeks thereafter.

(Manoj Kumar Tiwari, J.) 28.6.2022 Pr