Uttarakhand High Court
Shanti Prasad Godiyal & Others ... vs State Of Uttarakhand And Others on 29 April, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 1543 of 2023
Shanti Prasad Godiyal & others ........Petitioners
Versus
State of Uttarakhand and others ........Respondents
Present:-
Mr. Bhagwat Mehra, learned counsel for the petitioners.
Mr. Pradeep Hairiya, learned Standing Counsel for the State.
Hon'ble Pankaj Purohit, J.
Heard learned counsel for the parties.
2. Initially the petitioners were appointed as Assistant
Teacher, Primary School. Thereafter, their services were merged to the
post of Assistant Teacher, (L.T.) Grade. They were granted selection
grade on completion of 10 years of service. Thereafter they were given
benefit of promotional pay scale, however the same has been
withdrawn by the respondents without granting them any opportunity
of hearing. The representation made by the petitioners also could not
get the desired result.
3. Feeling aggrieved, petitioners has knocked the door of
this Court seeking issuance of a writ in the nature of mandamus
commanding the respondents to grant the petitioners promotional pay
scale of grade pay Rs.5400.
4. Petitioners have come up with the case in the present writ
petition, that owing to the principles, which have been settled by the
judgments rendered by this Court in a bunch of writ petition as decided
by a Coordinate Bench with the leading writ petition being Writ
Petition No.602 of 2014 (S/S), Deep Chandra Badhani and others vs.
State of Uttarakhand and others, as decided on 11.04.2017, which was
later on also followed by yet another Coordinate Bench of this Court,
in a bunch of writ petitions, with the leading writ petition being Writ
Petition No.102 of 2019 (S/S) Gopal Singh Negi Vs. State of
Uttarakhand, as decided on 30.12.2020, he submits that in view of the
length of service, which has been rendered by the petitioners on
selection pay-scale which now happens to be for a period of 12 years,
they would be entitled to be granted, a promotional pay scale and the
grade pay of Rs.5400/- from the date of their entitlement, in light of
the judgment rendered in Writ Petition No.746 of 2015 (S/S) Smt.
Manu Dhaundiyal and others vs. State of Uttarakhand and others.
5. The further contention of the petitioners in the writ
petition is that in fact, direction which was rendered by the aforesaid
two judgments, has been complied with by the respondents and the
benefit of the promotional pay scale and the grade pay, have already
been granted to those petitioners.
6. The counsel for the petitioners submits that they would be
falling within the zone of consideration, under the principles which
had been laid down by the aforesaid two judgments and hence, his
claim ought to have been favourably considered by the respondents.
7. Raising petitioners' claim with regards to the grant of
promotional pay scale and the grade pay considering the length of
services, which has been rendered by the petitioners, learned counsel
submits that petitioners have already approached the respondents by
filing an application before the concerned authority but no decision as
such, has been taken on the same hence there is a deprivation.
8. Having considered the aforesaid situation, it is hereby
directed that petitioners would file a fresh detail representation before
the Additional Director of Education (Secondary), Garhwal Region,
Pauri Disrict-Pauri Garhwal i.e. (respondent no.3) herein within a
period of two weeks from the date of receipt of certified copy of this
judgment. The respondent no.3 is directed to positively consider the
aforesaid representation, so submitted by the petitioners, within a
period of two months; the said respondent while deciding the
representation will keep in mind the ratio of the judgment pronounced
by this Court earlier, mentioned hereinabove, for the purpose of grant
of promotional pay scale to the petitioners, carrying a grade pay of
Rs.5400/- considering the length of services which has been rendered
by him and to grant the same to the petitioners from the date of his
entitlement.
9. Subject to the aforesaid directions, the writ petition stands
disposed-off.
(Pankaj Purohit, J.)
29.04.2024
SK
