Uttarakhand High Court
WPSS/1788/2023 on 3 October, 2023
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WPSS No.1788 of 2023
Hon'ble Pankaj Purohit, J.
Mr. Niranjan Bhatt, learned counsel for the
petitioner.
2. Mr. Narayan Dutt, learned Standing Counsel for the
State.
3. Petitioner was appointed as Assistant Teacher,
Government Primary School on 10.09.1985. She was
promoted to the post of Assistant Teacher, Junior High
School in the year 2010. Vide order dated 26.12.1995,
passed by the District Basic Education Officer, Uttarkashi,
petitioner was promoted on the post of Head Mistress; pay-
scale of ₹1350-2070/- and was posted in Government
Senior Basic School/ Junior High School Badi Madi,
District Chamoli.
4. It is contended by learned counsel for the petitioner
that after completion of ten years, regular and satisfactory
service, on the post of Head Mistress, the petitioner was
sanctioned selection pay-scale ₹6500/-200/-10,500/- vide
order dated 16.01.2007 from the date of her entitlement i.e.,
12.02.2006. Vide order dated 03.05.2010 (Annexure no.4
to the writ petition), the petitioner was absorbed as
Assistant Teacher, L.T. Grade by the Additional Director
of Education, Garhwal Mandal, Pauri and was posted as
such in Government Higher Secondary School, Kerad,
Dehradun.
5. The said order was amended and instead of
Government Higher Secondary School, Kerad, District
Dehradun, she was posted as Assistant Teacher, L.T. Grade
(Hindi) against vacant post in Government Higher
Secondary School, Dhakrani, Dehradun, vide order dated
28.08.2010. Now the petitioner has completed 12 years of
regular and satisfactory service, after grant of selection
pay-scale and accordingly, she is entitled to get the
promotional pay-scale, which has not been sanctioned to
the petitioner. The petitioner feeling aggrieved by the
inaction of the respondents move this Court by filing
present writ petition.
6. It is contended by learned counsel for the petitioner
that the case of the petitioner is squarely covered by the
judgment and order passed by this Court, in Writ Petition
No.602 of 2014 dated 11.04.2017 and accordingly there is
no justification for the respondents not to sanction the
promotional pay-scale to the petitioner, Thus, according to
the petitioner, he is entitled to get promotional pay-scale,
after completion of his requisite service from the date of
her entitlement in grade-pay of ₹5400/-.
7. I have perused the writ petition and the annexure
filed in the writ petition along with the orders passed by
Co-ordinate Bench of this Court, especially, the order dated
11.04.2017, passed in Writ Petition No.602 of 2014
(Annexure no.11 to the writ petition).
8. This Court is of the opinion that the case of the
petitioner is squarely covered and moreover after
completion of the continuous and satisfactory service, on
the post of Assistant Teacher, L.T. Grade, the petitioner is
entitled to get the promotional pay-scale, after completion
of 12 years of service from the date of her entitlement.
9. Learned State counsel does not dispute the aforesaid
position.
10. Accordingly, the writ petition is disposed-off by
directing the petitioner to move a representation ventilating
her grievance in detail, within 15 days from the date of
receipt of certified copy of this order and respondent no.3-
Additional Director of Education (Secondary), Garhwal
Division, Pauri Garhwal, shall decide the representation of
the petitioner, in light of the observation made hereinabove
as well as the judgment and order passed by this Court, in
various writ petitions within a period of four weeks, from
the date of receipt of representation.
(Pankaj Purohit, J.)
03.10.2023
SK
