Uttarakhand High Court
WPSS/1508/2023 on 23 August, 2023
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WPSS No. 1508 of 2023
Hon'ble Pankaj Purohit, J.
Mr. Abhijay Negi and Ms. Snigdha
Tiwari, Advocates for the petitioners.
2. Mr. S.M.S. Mehta, Brief Holder for the
State.
3. The petitioners were initially appointed
as Assistant Teachers in the State of U.P. in
the year 1991 and 1992. Subsequently,
Petitioner No. 1 was promoted to the post of
Assistant Teacher at Junior High School on
27.07.2000 and petitioner no. 2 got
promoted to the post of Head Teacher on
01.02.1995. Later on, in the year 2018, on
15.12.2018, petitioner no. 1 was adjusted
to the post of Assistant Teacher (LT grade),
whereas, petitioner no. 2 was absorbed into
the cadre of Secondary Education from
Primary Education in the year 2014 on
07.02.2014.
4. According to the petitioners, they
clearly deserve the benefits of the
Government Order dated 22.02.2010, as
both the petitioners have completed their
22 years of service on 27.07.2022 and
01.02.2017 respectively, 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 grade-pay Rs.5400.
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, they
would be entitled to be granted, a
promotional pay scale grade pay 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, Secondary Education, Kumaon
Region, Nainital i.e. (respondent no.3)
herein within a period of ten days' from the
date of receipt of certified copy of this
judgment. The respondent no.3, 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.)
23.08.2023
Ujjwal
