WPSS/1473/2022
2023 Latest Caselaw 14 UK

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                                  WPSS No. 1473 of 2022
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Rajesh Joshi, Advocate for the petitioner.

Mr. M.S. Bisht, Brief Holder for the State of Uttarakhand.

Heard learned counsel for the parties.

Petitioner was appointed as Assistant Teacher in a Junior Basic School in the year 1979 and, subsequently, he was promoted as Assistant Teacher in a Senior Basic School in the year 1993. According to the petitioner, he was absorbed in the cadre of Assistant Teacher, L.T. Grade in the year 2009 and, ultimately he retired from service in the year 2017.

In this writ petition, petitioner has raised grievance regarding non-payment of promotional pay scale, which was allegedly due to him w.e.f. 03.07.2014.

Reliance has been placed upon a Government Order dated 22.02.2010, which is on record as Annexure No. 5 to the writ petition.

Learned counsel for the petitioner submits that similar controversy was decided by a Co-ordinate Bench of this Court vide judgment dated 11.04.2017 rendered in WPSS No. 602 of 2014 and other connected writ petitions. He further submits that the said judgment was upheld by Division Bench of this Court and also by Hon'ble Supreme Court in a S.L.P. filed by the State. Thus, he submits that the present writ petition be also decided in terms of the judgment dated 11.04.2017 rendered in WPSS No. 602 of 2014.

Learned Brief Holder does not dispute the said submission made by learned counsel for the petitioner. In fact, learned Brief Holder has fairly drawn attention of this Court to the averment made in last sub para of paragraph no. 8 of the counter affidavit, where it is stated that writ petitions with similar facts have already been decided by this Court.

Since the controversy involved in this writ petition stands decided vide judgment dated 11.04.2017 in WPSS No. 602 of 2014, therefore, the present writ petition is also decided in terms of judgment dated 11.04.2017 rendered in WPSS No. 602 of 2014.

Respondents are directed to consider the case of the petitioner for grant of promotional pay scale of ` 5,400/- in terms of Government Order dated 22.02.2010, within a period of ten weeks' from the date of production of certified copy of this order.

(Manoj Kumar Tiwari, J.) 02.01.2023 Arpan