Uttarakhand High Court
WPSS/601/2023 on 6 November, 2023
Office Notes,
reports, orders
SL. or proceedings
Date COURT'S OR JUDGES'S ORDERS
No or directions and
Registrar's order
with Signatures
WPSS No.601 of 2023
With
WPSS No.609 of 2023
Hon'ble Pankaj Purohit, J.
Mr. Bhagwat Mehra, learned counsel for the
petitioners.
2. Mr. Atul Bahuguna, learned Standing Counsel for
the State.
3. Since, both these writ petitions involves the similar
controversy regarding the sanction of Promotional Pay
Scale of ₹5400/- w.e.f. date of entitlement of the petitioners
i.e., after twelve years of satisfactory and continuous
service in Selection Pay-Scale, therefore both the writ
petitions are being decided by this common judgment. For
the purpose of brevity and convenience facts of WPSS No.
601 of 2023 shall be mentioned for consideration.
4. Facts of the case shorn-off unnecessary detail is that
petitioners were initially appointed as Assistant Teacher in
Government Primary School. Subsequently, the petitioners
were promoted to the next higher post of 'Assistant
Teacher' in Junior High School/Head Master Government
Primary School. Petitioners were given Selection Pay-Scale
and Grade on completion of ten years of regular and
satisfactory service. The petitioners were thereafter
adjusted on the post of Assistant Teacher, L.T. Grade on a
pay-scale of ₹9300-34800/- and Grade Pay of ₹4600/-, on
the basis of the option exercised by them.
5. The controversy involved in this writ petition
cropped up when the petitioners completed twelve years of
regular service on Selection Pay-Scale and they claimed for
Promotional Pay Scale of ₹5400/- from the respondent-
Department on the ground that they have continued twelve
years of regular service in selection grade, and thus they are
entitled to get the Promotional Pay Scale reckoning the
previous service rendered by them. Petitioners have
submitted the proposal through proper channel for grant of
Promotional Pay Scale as stated above. However the said
request was turned down by respondent no.3 on the ground
that the period shall be counted only from the date of
adjustment as L.T. Grade Teacher and the period spent in
the same pay scale as Assistant Teacher, Government
Junior High School shall not be counted. The joint
representation moved by the petitioners also could not yield
any positive result. Feeling aggrieved by the aforesaid
action, on the part of the respondents, for denial of
Promotional Pay Scale to the petitioners, they are before
this Court.
6. A counter affidavit has been called from the
respondents and the respondents have filed their counter
affidavit.
7. In the counter affidavit, it has been stated by the
State that earlier by virtue of Government Order dated
12.07.2002 the procedure of selection grade/promotional
pay scale was provided, which has been subsequently
replaced by virtue of Government Order dated 06.09.2019
issued by State Government.
8. It is contended by learned counsel for the petitioner
that similar controversy have come up before this Court in
several writ petitions and this Court has been pleased to
allow those writ petitions where a clear cut mandate has
been given by this Court that the service rendered by such
teachers in Government Primary and Government Junior
High School shall be counted for the purpose of selection
as well as the promotional grade and in those matters such
relief has already been granted as reliance has been placed
by learned counsel for the petitioner, in the judgment
rendered in WPSS No.602 of 2014, Manu Dhondiyal Vs.
State of Uttarakhand whereby several writ petitions have
been allowed by this Court involving the same controversy.
9. It is submitted by learned counsel for the petitioners
that the said judgment attained finality as the matter was
taken up in special appeal thereafter to Hon'ble Apex
Court, but the said judgment passed by learned Single
Judge in the case of Manu Dhondiyal (supra) was affirmed
since his case is squarely covered by the aforesaid
judgment, the writ petitions deserve to be allowed.
10. Attention of this Court was drawn by learned
counsel for the petitioners to another judgment passed by
Co-ordinate Bench of this Court wherein even the
Government Order dated 06.09.2019 was also discussed
and dealt with and that writ petition has also been allowed
by the Co-ordinate Bench being Writ Petition (S/S) No. 292
of 2021, Ramesh Chandra Bhatt Vs. State of Uttarakhand
vide judgment dated 21.09.2021.
11. In this view of the matter, this Court finds no reason
to deviate from the judgment and order passed by Co-
ordinate Bench of this Court. Moreover, this Court itself
have decided and passed several orders regarding the
controversy wherein it has been held that service rendered
prior to the adjustment of the petitioner as Assistant
Teacher, L.T. Grade shall be counted for the purpose of
granting the selection grade as well as promotional grade to
such teachers.
12. In this view of the matter, the writ petitions are
hereby allowed. A mandamus is issued to respondent no.3-
Additional Director of Education (Secondary), Kumaon
Division, Nainital to grant the Promotional Pay Scale to the
petitioners from the date of their entitlement when they
have completed twelve years of service in selection grade
including the service rendered in the Government Primary
School and Junior Basic Schools, as the case may be, at the
earliest but not later than three months from the date of
passing of this order.
13. No order as to costs.
(Pankaj Purohit, J.)
02.11.2023
SK
