WPSS/2414/2022
2023 Latest Caselaw 914 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.2414 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Lalit Samant, learned counsel for the petitioners.

Mr. V.S. Rawat, learned Brief Holder for the State.

Heard learned counsel for the parties. Petitioners are Class-IV employees presently serving in different Government Schools. It is not in dispute that they were initially appointed in the Schools run by Basic Education Board, however, after State Re-organization, the employees of Basic Education Board acquired the status of Government Servant under Section 58 of Uttarakhand School Education Act. Thus, petitioners are enjoying the status of Government Servant now.

According to petitioners, the services rendered by them before acquiring status of a Government Servant has to be counted for determining eligibility for selection grade, A.C.P. etc. It is further their contention that some similarly situate persons have been granted the benefit of selection grade, A.C.P. etc. pursuant to judgments rendered by this Court, however, petitioners have not been paid any such benefit, although they are similarly situate.

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

"i. Issue a writ order or direction in the nature of mandamus directing to the respondent no. 2 to decide representation dated 02.09.2022 of the petitioners within stipulated time framed by Hon'ble High Court."

Learned counsel for the State fairly submits that since representation made by petitioners is said to be pending, therefore, the Competent Authority shall take decision thereupon, within three months.

Accordingly, the writ petition is disposed of with a direction to respondent no. 2 to consider and decide petitioners' representation (annexed as Annexure No. 7 to the writ petition) within a period of three months' from the date of production of certified copy of this order alongwith copy of representation.

(Manoj Kumar Tiwari, J.) 03.04.2023 BS