WPSB/580/2022
2022 Latest Caselaw 3248 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                  COURT'S OR JUDGES'S ORDERS
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                                 WPSB 580/2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Hon'ble Alok Kumar Verma, J.

Mr. Jayvardhan Kandpal, Advocate, for the petitioner.

Mr. B.S. Parihar, Standing Counsel, for the State/respondents.

Petitioner was appointed on a non- teaching post in a government aided Junior High School in District Chamoli on 7.12.1992. The said institution was provincialised in terms of Government Order dated 19.2.2014 and petitioner acquired status of Government Servant w.e.f. 23.8.2014. In this writ petition, petitioner has claimed seniority and other benefits as government employee w.e.f. the date of his initial appointment in 1992.

Learned Counsel for the petitioner placed reliance upon a judgment of coordinate Bench of this Court rendered in Special Appeal No. 44 of 2010. The said judgment is based on Section 58 of Uttarakhand School Education Act, 2006, which provides that teachers and employees of Basic Education Board established under U.P. Basic Education Act, 1972 shall become government servant by operation of law.

Admittedly, petitioner was not employee of Basic Education Board established under the aforesaid Act. Petitioner's status was entirely different as he was employee of a government aided institution, which was being run by a Society and managed by Managing Committee elected by general body of the Society. Thus, benefit of Section 58 of Uttarakhand School Education Act is not available to petitioner even if he served in a school which was receiving financial aid from the State Government.

Learned Counsel for the petitioner referred to a judgment rendered by a learned Single Judge of this Court in Writ Petition (S/S) No. 3461 of 2017. The aforesaid aspect appears to have been overlooked in the said judgment, therefore, the said judgment is of no help to the petitioner.

Since petitioner acquired status of Government Servant only on 23.8.2014 and earlier he was an employee of private aided school, therefore, petitioner's claim for seniority and other benefits w.e.f. the date of initial appointment in 1992 is unsustainable. Consequently, writ petition fails and is dismissed.

(Alok Kumar Verma, J.) (Manoj Kumar Tiwari, J.) 1.10.2022 Pr