Uttarakhand High Court
Shivraj Singh Rana & Others ... vs State Of Uttarakhand & Others on 23 August, 2023
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No.1327 of 2023
Shivraj Singh Rana & others ........Petitioners
Versus
State of Uttarakhand & others ........Respondents
Present:-
Mr. Yogesh Pacholia, learned counsel along with Mr. Xitij Kaushik,
learned counsel for the petitioners.
Mr. S.M.S. Mehta, learned Brief Holder for the State.
Hon'ble Pankaj Purohit, J. (Oral)
Learned counsel for the petitioners seeks
permission to withdraw the writ petition, with liberty to
file fresh, so far as it relates to petitioner nos.4 & 6,
namely, Balkrishna Upadhyay and Shiv Singh Rawat
respectively, on the ground that they were not entitled for
being considered on the date of receipt of promotional pay
scale.
2. Permission, as prayed for, is granted.
3. The writ petition is dismissed as withdrawn in
respect of petitioner nos.4 & 6 with liberty to file fresh.
4. Learned counsel for the petitioner submits that
subject matter of the present writ petition is covered by a
judgment rendered by a Co-ordinate Bench of this Court
in WPSS No.1955 of 2015 and connected petitions
decided on 27.03.2017.
5. The facts of the case are that petitioners are
working in the grant-in-aid primary schools and colleges
in District Tehri Garhwal. They have been working as
Assistant Teachers of different subject in different schools
and after having completed 10 years of service as such,
they are entitled for selection pay-scale/grade by the
respondent-Department, but despite there being clear-cut
provisions enumerated in the Government Order dated
22.02.2010 for grant of selection grade after putting in 10
years' continuous satisfactory service and grant of
promotional pay scale on completion of 12 years service
in the selection grade, they have not been given the said
benefit.
6. Learned counsel for the petitioners submits
that petitioners have served in the selection grade for
more than 12 years and at present, they are also entitled
to receive the promotional scale/grade and they have
submitted their representations to the respondents for the
same, but till date, for one reason or the other, in the
name of constituting Committees to decide the issue of
the grant of promotional pay scale to the petitioners, they
are being deprived of that benefit. He further submits that
the similarly situated persons who are working in the
grant-in-aid schools/colleges within the State, have
already been sanctioned the promotional pay scale on
completion of their 12 years' service in selection grade,
therefore, there is total discrimination meted out to the
petitioners by the respondent authorities.
7. Learned State Counsel admits that a similar
controversy has been set at rest by this Court in several
cases and the case of the petitioners is also covered by
those judgments rendered by a Co-ordinate Bench of this
Court so far as it relates to teachers working in
government schools/colleges but there is one difference in
the present one i.e. petitioners are working in grant-in-aid
schools/colleges.
8. Having heard the rival contentions of learned
counsel for the parties, I do not find any substance in the
submission made by learned State Counsel simply for the
reason that so far as the payment of salary is concerned,
there is no distinction between the teaching or non-
teaching staffs of a government college/school with that of
the teaching and non-teaching staff of the college/schools
which are in grant-in-aid.
9. In this view of the matter, the present writ
petition stands allowed in terms of the judgment and
order passed by a Co-ordinate Bench of this Court in
WPSS No.1955 of 2015 (Munendra Singh Rana & others
Vs State Of Uttarakhand & others) and connected
petitions decided together on 27.03.2017.
(Pankaj Purohit, J.)
23.08.2023
AK
