Uttarakhand High Court
Surendra Prasad Bahuguna 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. 222 of 2022
Surendra Prasad Bahuguna ........Petitioner
Versus
State of Uttarakhand and others ........Respondents
Present:-
Mr. Niranjan Bhatt, learned counsel for the petitioner.
Mr. Pradeep Hairiya, learned Standing Counsel for the State.
Hon'ble Pankaj Purohit, J.
Heard learned counsel for the parties.
2. Initially the petitioner was appointed as Assistant
Teacher, Primary School. Thereafter, his service was merged to the
post of Assistant Teacher, (L.T.) Grade. He was granted selection
grade on completion of 10 years of service. Thereafter he was given
benefit of promotional pay scale, however the same has been
withdrawn by the respondents without granting him any opportunity of
hearing. The petitioner also retired on attaining the age of
superannuation and his pension has been fixed on the lower pay scale.
The representation made by the petitioner also could not get the
desired result.
3. Feeling aggrieved, the petitioner has knocked the door of
this Court seeking issuance of a writ in the nature of mandamus
commanding the respondents to grant the petitioner promotional pay
scale of grade pay Rs.5400.
4. The petitioner has 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 petitioner on
selection pay-scale which now happens to be for a period of 12 years,
he would be entitled to be granted, a promotional pay scale and the
grade pay of Rs.5400/- from the date of his entitlement, in the 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 petitioner 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 petitioner submits that he 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 petitioner's 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 petitioner, learned counsel
submits that petitioner has 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 the petitioner 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 petitioner, 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 petitioner, 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 petitioner from the date of his
entitlement. The respondent while deciding the representation will
keep in mind that the petitioner has already retired and accordingly he
would pass necessary orders for re-fixation of pension also.
9. Subject to the aforesaid directions, the writ petition stands
disposed-off.
(Pankaj Purohit, J.)
29.04.2024
SK
