WPSS/1437/2023
2023 Latest Caselaw 2167 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. 1437 of 2023
                                  With
                                  WPSS No. 1443 of 2023

                                  Hon'ble Pankaj Purohit, J.

Mr. Lalit Samant, Advocate for the petitioners.

(2) Mr. P.C. Bisht, Addl. C.S.C. for the State.

(3) Heard learned counsel for the parties.

(4) Since common questions of law and facts are involved in these writ petitions, therefore they were heard together and are being decided by a common judgment. However for the sake of brevity, facts of Writ Petition (S/S) No.1437 of 2023 are being considered and discussed.

(5) 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.

(6) 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 situated.

(7) 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. 3 to decide representation dated 16.01.2023 (contained as Annexure No. 8 to the writ petition) of the petitioners within stipulated time framed by Hon'ble High Court."

(8) Learned Additional C.S.C. fairly submits that since representation made by petitioners is said to be pending, therefore, the Competent Authority shall take decision thereupon, within three months.

(9) Accordingly, the writ petitions are disposed of with a direction to respondent no. 3 to consider and decide petitioners' representation (annexed as Annexure No. 8 to the writ petitions) within a period of three months' from the date of production of certified copy of this order alongwith copy of representation.

(Pankaj Purohit, J.) 09.08.2023 Ujjwal