Uttarakhand High Court
WPSS/1517/2023 on 19 August, 2023
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.1517 of 2023
Hon'ble Pankaj Purohit, J.
Mr. Vinay Kumar, learned counsel for the
petitioners.
2. Mr. Narain Dutt, learned Brief Holder for the State.
3. The petitioners were initially appointed as Assistant
Teacher in the State of U.P. between 1987-1996.
Subsequently, they were promoted as Headmaster/
Headmistress in Government Upper Primary School. In
terms of the Govt. Orders dated 01.03.2009 & 17.10.2008,
on the recommendation of the Selection Committee,
petitioners have been sanctioned the selection grade on
completion of 10 years of service. The petitioners who were
working in the pay scale of Rs.5500-9000 and selection
grade of Rs.4800, were merged on the post of Assistant
Teacher L.T. Grade in respective subjects.
4. The grievance of the petitioners is that they were
awarded selection grade (grade pay of Rs.4800), according
to which, they became eligible for grant of promotional pay
scale (grade pay of Rs.5400), however, even after lapse of
substantial period, they have been deprived of the aforesaid
benefit for grant of promotional pay scale. Feeling
aggrieved, the petitioners have knocked the door of this
Court seeking issuance of a writ in the nature of mandamus
commanding the respondents to grant the petitioners
promotional pay scale of Rs.5400, details whereof have
been given in para no.4 of this writ petition.
5. The petitioners have come up with the case in the
present writ petition, that owing to the principles, which
have been settled by the judgments rendered by this Court
in a bunch of writ petition as decided by the Coordinate
Bench with the leading writ petition being Writ Petition
No.602 of 2014 (S/S), Deep Chandra Badhani and
others vs. State of Uttarakhand and others, as decided on
11.04.2017, which was later on also followed by yet
another Coordinate Bench of this Court, in a bunch of
writ petitions, with the leading writ petition being Writ
Petition No.102 of 2019 (S/S) Gopal Singh Negi vs.
State of Uttarakhand, as decided on 30.12.2020, he
submits that in view of the length of services, which has
been rendered by the petitioners, which now happens to be
a long period, they would be entitled to be granted, a
promotional pay scale and the grade pay of Rs.5400/- from
the date of the respective entitlement, in the light of the
judgment rendered in Writ Petition No.746 of 2015 (S/S)
Smt. Manu Dhaundiyal and others vs. State of Uttarakhand
and others.
6. The contention of the petitioners in the writ
petition is that in fact, in compliance of the principal
direction which was rendered by the aforesaid two
judgments, has been complied with by the respondents
and the benefit of the promotional pay scale and the
grade pay, have already been granted to those petitioners.
7. The counsel for the petitioners submits that they
would be falling within the zone of consideration, under
the principles which had been laid down by the
aforesaid two judgments and hence, their claim ought to
have been favourably considered by the respondents.
8. Raising petitioners' claim with regards to the grant
of promotional pay scale and the grade pay considering
the length of services, which has been rendered by the
petitioners, learned counsel submits that petitioners have
already approached the respondents by filing an
application before the concerned authority but no
decision as such, has been taken on the same hence
there is a deprivation.
9. Having considered the aforesaid situation, it is
hereby directed that the petitioners would file a fresh
detailed representation before the Additional Director of
Education (Secondary), Garhwal Region, Pauri Disrict-
Pauri Garhwal i.e. (respondent no.4) herein within a
period of ten days' from the date of receipt of certified
copy of this judgment. The respondent no.4, herein is
directed to positively consider the aforesaid
representation, which has been directed to be submitted
by the petitioners, within a period of two months; the
said respondent while deciding the representation will keep
in mind the ratio of the judgment pronounced by this Court
earlier, mentioned hereinabove, for the purposes of grant
of promotional pay scale to the petitioners, carrying a
grade pay of Rs.5400/- considering the length of
services which has been rendered by them.
10. Subject to the aforesaid directions, the writ
petition stands disposed of.
(Pankaj Purohit, J.)
19.08.2023
AK
