WPSS/2053/2022
2022 Latest Caselaw 3487 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. 2053 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Vinay Kumar, Advocate for the petitioners.

Mr. Narain Dutt, Brief Holder for the State of Uttarakhand.

                                          Heard   learned      counsel        for   the
                                  parties.
                                          Petitioners       were            ministerial

employees of Basic Education Board, Uttar Pradesh. Upon State Re-

organization, they were inducted into Education Department of Uttarakhand Government in terms of Section 58 of Uttarakhand School Education Act, 2006. All the petitioners have retired from service between 2013 to 2017.

By means of this writ petition, petitioners have sought the following reliefs:

"(i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to calculate the services rendered by the petitioner in erstwhile Basic Education Board, for the purposes of calculation of the services for determination of seniority on the higher post in view of the judgment rendered by the Division Bench of this Hon'ble Court in Special Appeal No. 44 of 2010, Beer Singh Bhandari Vs. State & Ors., as well as judgment passed in Special Appeal No. 417 of 2014 (Annexure Nos. 5 & 7).

(ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to calculate the services rendered by the petitioner in erstwhile Basic Education Board, for the purposes of calculation of the services for grant of benefit of ACP to the petitioner in view of the judgment passed by the Division Bench in Special Appeal No. 214 of 2020 and Batch of Special Appeals and the decision taken by the Committee in its meeting held on 05.07.2022 (Annexure Nos. 8 & 9).

(iii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to grant the promotion to the petitioners on higher posts from due date by calculating the services rendered by the petitioners in erstwhile Basic Education Board and accordingly revised the pensionary benefits of the petitioners such as gratuity, leave encashment and other dues."

Learned Brief Holder points out that earlier petitioner no.1 had filed WPSS No. 1254 of 2009 claiming seniority for the services rendered in Basic Education Board and also promotion consequent revision of seniority. He further points out that claim of petitioner no. 1 was rejected by Additional Director, School Education, Uttarakhand vide order dated 18.02.2010, which has attained finality in the absence of any challenge to the said order. Regarding other petitioners, he submits that Director General has taken decision in respect of other similarly situate teaching and non- teaching employees of Basic Education Board in a meeting held on 05.07.2022. He, therefore, submits that petitioners may approach the Competent Authority regarding their grievances, if any, and their representation shall be dealt with, as per law.

Having regard to the fact that Director General has taken decision in respect of other employees of Basic Education Board in a meeting held on 05.07.2022, therefore, the writ petition is disposed with liberty to petitioner(s) to make representation(s) to Competent Authority, within three weeks' from today. If such representation(s) is made within the stipulated period, decision thereupon shall be taken within a period of six months' from the date of receipt of representation(s) alongwith certified copy of this order.

(Manoj Kumar Tiwari, J.) 02.11.2022 Arpan