Uttarakhand High Court
Shrikrishna vs State Of Uttarakhand And Another on 21 March, 2022
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
THE ACTING CHIEF JUSTICE SHRI SANJAYA KUMAR MISHRA
AND
JUSTICE SHRI RAMESH CHANDRA KHULBE
Writ Petition (S/B) NO.180 OF 2014
21st MARCH, 2022
Between:
Shrikrishna ...... Petitioner.
Vs.
State of Uttarakhand and Another ...... Respondents.
Counsel for the petitioner : Mr. Aviral Phartiyal, learned counsel
holding brief of Mr. Shubhang Dobhal,
learned counsel.
Counsel for the State : Mr. B.P.S. Mer, learned Standing
Counsel
Upon hearing the learned Counsel, the Court made the
following
ORDER: (per the Acting Chief Justice Shri Sanjaya Kumar Mishra)
Heard learned counsel for the parties.
2. The petitioner has filed this writ petition with a
prayer to consider the case of the promotion of the petitioner
for the post of Principal of Government Inter College from the
date when his junior Shri Suresh Chandra Tamta was
promoted by the respondents and give all service benefits to
the petitioner. He further prayed a mandamus directing the
respondents to pay the earned leave of 185 days earned by
the petitioner from 13.12.1979 to 03.12.1985 while the
petitioner had been working as supervisor in Adult Education
Department; and, further to direct commanding the
respondents to finalize the pension of the petitioner in
accordance with law.
3. The facts of the case are not disputed. The
petitioner was originally working in Adult Education
Department from 13.12.1979 to 03.12.1985. Then he was
absorbed as a teacher under the Directorate School
Education, Uttarakhand, Dehradun. As he was not given the
proper seniority and pay fixation, he filed Writ Petition (S/S)
No.1125 of 2005, which was disposed of vide judgment dated
29.06.2010 with direction to fix the seniority of the petitioner
in LT Grade just below Serial No.787, which is Anand Ballabh
Upreti and above Gokul at Serial No.788.
4. Accordingly, the petitioner was intimated on
03.08.2011, after the order passed by this Court, that the
respondents have fixed his seniority. After fixing the seniority
in the LT Grade, the petitioner has been given arrears of
salary but the petitioner was denied the promotion for which
he sought information. It was informed that his junior, who
was at serial no. 789 in the LT Grade teacher, has already
been promoted to the post of Lecturer on 30.05.1991. It was
further informed now the said person, namely, Suresh
Chandra Tamta has been working in Class-II post of the
Education Department since 1997-98 whereas the petitioner
was promoted to Class-II post on 15.10.2004.
5. The petitioner filed a contempt petition before this
Court. Thereafter, the notices were issued. Wherein the
affidavit was filed regarding non-compliance of the judgment
and, therefore, this writ-petition has been filed. The
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respondent in this case i.e. respondent no.2, Director of
School Education, has filed counter affidavit. In paragraph
no.11 of the counter affidavit, it is stated that seniority of the
petitioner has already been fixed and he has been given
notional promotion to the post of Principal with all ancillary
benefits and, therefore, has no cause of action to be
aggrieved against the writ petition.
6. However, the issue has already been decided in
WP (S/S) No.1125 of 2005 in which this Court directed that
the respondent shall include the period, namely, 13.12.1979
to 03.12.1985 rendered by the petitioner in Adult Education
Department for calculating the pay fixation and fixation of
seniority in the department and such calculation and
appointment of benefits would be made by the respondents
within three months from the date of production of a certified
copy of the order.
7. Thus the service rendered by the petitioner in
Adult Education Department for calculating the pay fixation
and fixation of seniority has been allowed. Then nothing to be
decided to include 185 days in total earned leave account.
However, employee is entitled to retain 300 days of earned
leave and beyond that any earned leave elapses. So, we allow
the writ-petition directing that the absorption of 185 days of
the earned leave for the aforesaid period from 13.12.1979 to
03.12.1985 shall be included in the earned leave earned by
the petitioner at the time of superannuation to the maximum
limit of 300 earned leaves.
8. Furthermore, the respondents are directed to
finalize the pension of the present petitioner in accordance
with law. The entire exercise shall be concluded within a
period of two months from the date of production of a
certified copy of this order before respondent no.2 while
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committing the exercise the authorities concerned shall be at
liberty to find the qualifying service rendered by the petitioner
in Adult Education Department and how many earned leave
he is actually entitled to.
_________________________
SANJAYA KUMAR MISHRA, A.C.J.
__ _______________
RAMESH CHANDRA KHULBE, J.
Dated: 21st MARCH, 2022
BS/SS
