WPSS/1905/2023
2023 Latest Caselaw 3078 UK

               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.1905 of 2023
                                 Hon'ble Pankaj Purohit, J.

Mr. Lalit Samant, learned counsel for the petitioners.

2. Mr. S.M.S. Mehta, learned Brief Holder for the State.

3. Heard learned counsel for the parties.

4. Petitioner is Class-IV employee presently serving in different Government Schools. It is not in dispute that he was initially appointed in the Schools run by Basic Education Board, however, after State Re-organization, the employees of Basic Education Board acquired the status of Government Servant under Section 58 of Uttarakhand School Education Act, 2006. Thus, petitioner is enjoying the status of Government Servant now.

5. Learned counsel for the petitioner submits that the services rendered by him before acquiring status of a Government Servant has to be counted for determining eligibility for selection grade, A.C.P. etc. He further submits that some similarly situate persons have been granted the benefit of selection grade, A.C.P. etc. pursuant to judgments rendered by this Court, however, petitioner has not been paid any such benefit, although he is similarly situated.

6. By means of this writ petition, petitioner has sought the following relief:-

"(i) Issue a writ, order or direction in the nature of mandamus directing to the respondent no.1 to decide

representation dated 15.05.2023 (Contained as Annexure-6 to the writ petition) of the petitioner within stipulated time framed by Hon'ble High Court."

7. Learned State Counsel fairly submits that since representation made by petitioner is said to be pending, therefore, the Competent Authority shall take decision thereupon, within three months.

8. Accordingly, the writ petition is disposed off with a direction to respondent no.1 to consider and decide petitioner's representation (annexed as Annexure-6 to the writ petition) within a period of three months from the date of production of certified copy of this order along with copy of representation.

(Pankaj Purohit, J.) 11.10.2023 AK