WPSS/917/2022
2022 Latest Caselaw 1571 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                  COURT'S OR JUDGES'S ORDERS
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             Registrar's order with
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                                      WPSS No. 917 of 2022
                                      Hon'ble Manoj Kumar Tiwari, J.

Mr. Abhilash Nainwal, Advocate for the petitioners.

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

Heard learned counsel for the parties.

Petitioner nos. 1 & 2 are son; while, petitioner no. 3 is daughter of Smt. Shakuntala Negi who was serving as Assistant Teacher L.T. Grade in Sanjay Public Inter College, Karabari Grant, Dehradun and passed away while in service on 21.10.2020.

Grievance of the petitioners is that their mother was entitled to promotion pay scale upon satisfactory completion of 22 years of service which was payable to her in the year 2019; but, the same was not paid to her during her lifetime.

Petitioners have also claimed re-fixation of pension and other retiral dues consequent to grant of promotion pay scale.

By means of this writ petition, petitioners have sought following relief:-

"a) Issue a writ, order or direction in the nature of Mandamus commanding the respondents to grant promotional pay-scale grade-pay 5400 to the mother of the petitioners (since deceased) from the date of her respective entitlement; after completion of 22 years of continuous and satisfactory service and to pay the difference and arrears of salary and other dues if any of the mother of the petitioners to the petitioners, being her legal heir."

Learned counsel appearing for the petitioners has relied upon a judgment rendered by Coordinate Bench of this Court in Writ Petition (S/S) No. 665 of 2021 and he submits that the issue involved in this writ petition is identical.

Learned State Counsel also does not dispute the aforesaid statement made by learned counsel for the petitioners.

In such view of the matter, the writ petition is disposed of in terms of judgment dated 18.06.2021 rendered in Writ Petition (S/S) No. 665 of 2021 and petitioners shall be at liberty to make representation to Additional Director of Education, Pauri Garhwal. If petitioner(s) make such representation(s) within three weeks from today, Additional Director of Education, Pauri Garhwal shall take decision on petitioners' representation, as per law, within eight weeks from the date of receipt of representation alongwith certified copy of the order.

(Manoj Kumar Tiwari, J.) 21.05.2022 AK