Uttarakhand High Court
WPSB/32/2024 on 23 February, 2024
Author: Pankaj Purohit
Bench: Manoj Kumar Tiwari, Pankaj Purohit
Office Notes,
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Date COURT'S OR JUDGES'S ORDERS
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WPSB No. 32 of 2024
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Pankaj Purohit, J.
Mr. Lochan Shah, Advocate for the
petitioners.
2. Mr. P.S. Bisht, Addl. C.S.C. for the State
of Uttarakhand.
3. Petitioners served in different
Government Polytechnics of State of Uttar
Pradesh before State reorganization and
thereafter, they served in Government
Polytechnics of State of Uttarakhand.
According to them, learned Single Judge of
Hon'ble Allahabad High Court directed for
creation of four-tier cadre structure in
respect of staff serving in Government
Polytechnics vide final order dated
11.04.2001 passed in Civil Misc. Writ Petition
No. 13727 of 1991, which was affirmed by
Division Bench in Special Appeal No. 63 of
2003, therefore, similar order deserves to be
passed in their favour.
4. Learned counsel for the petitioners has
drawn attention of this Court to Annexure-3
to the Writ Petition, which is an order dated
01.02.2017 passed by Hon'ble Supreme
Court in Civil Appeal No. 6271 of 2012,
whereby, the appeal filed by State of U.P.
was disposed of.
5. It is contended by learned counsel for
the petitioners that as petitioners are
similarly placed as the employees serving in
Government Polytechnics of State of Uttar
Pradesh, who have been given certain
benefits in terms of the direction issued by
learned Single Judge in Civil Misc. Writ
Petition No. 13727 of 1991, therefore,
petitioners are also entitled to similar
benefits. Learned counsel for the petitioners
submits that pay-scale of teachers of
Government Polytechnic in State of U.P. was
also upgraded in terms of the judgment
rendered by Hon'ble Allahabad High Court.
6. Learned State Counsel, however,
disputes this contention and he submits that
there is no pleading to the effect that the
salary and other service conditions of
Teachers serving in Government Polytechnics
of the State of U.P. were upgraded pursuant
to the direction issued by Hon'ble Allahabad
High Court. He has drawn attention of this
Court to the order dated 01.02.2017 passed
by Hon'ble Supreme Court in Civil Appeal No.
6271 of 2012, whereby, liberty was granted
to AICTE to take decision on the proposal
submitted by State of U.P., pursuant to the
judgment rendered by Hon'ble Supreme
Court.
7. Without going into the merits of the
case, we dispose of the writ petition, with
liberty to petitioners to submit joint
representation to the Secretary, Technical
Education within two weeks. If petitioners
submit such representation within stipulated
time, Secretary, Technical Education shall
look into the matter and take decision, as
per law within four months from the date of
receipt of representation with certified copy
of this order.
(Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.)
23.02.2024
Ujjwal
