WPSS/1133/2024
2024 Latest Caselaw 1312 UK

Uttarakhand High Court

WPSS/1133/2024 on 4 July, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                  WPSS No.1133 of 2024
                                  Hon'ble Pankaj Purohit, J.

Mr. Bhagwat Mehra, learned counsel for the petitioners.

2. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State of Uttarakhand/ respondents.

3. By means of this writ petition, petitioners have sought the indulgence of this Court commanding the respondents to forthwith grant the Promotion Pay Scale (Grade Pay of Rs.5400/-) to the petitioners from due date, along with arrears of the same.

4. Facts of the case shorn-off unnecessary detail are that petitioners were initially appointed as Assistant Teacher in Government Primary School. Subsequently, the petitioners were promoted to the next higher post of 'Assistant Teacher' in Junior High School/ Head Master Government Primary School. Petitioners were given Selection Pay-Scale and Grade on completion of ten years of regular and satisfactory service. The petitioners were thereafter adjusted on the post of Assistant Teacher, L.T. Grade on a pay-scale of ₹9300- 34800/- and Grade Pay of ₹4600/-, on the basis of the option exercised by them.

5. The controversy involved in this writ petition cropped up, when the petitioners completed twelve years of regular service on Selection Pay-Scale and they claimed for Promotional Pay Scale of ₹5400/- from the respondent-Department on the ground that they have continued twelve years of regular service in selection grade, and, thus, they are entitled to get the Promotional Pay Scale reckoning the previous service rendered by them. Petitioners have submitted the proposal through proper channel for grant of Promotional Pay Scale as stated above. However, the said request was turned down

by respondent no.3 on the ground that the period shall be counted only from the date of adjustment as L.T. Grade Teacher and the period spent in the same pay scale as Assistant Teacher, Government Junior High School shall not be counted. The joint representation moved by the petitioners also could not yield any positive result. Feeling aggrieved by the aforesaid action, on the part of the respondents, for denial of Promotional Pay Scale to the petitioners, they are before this Court.

6. It is contended by learned counsel for the petitioners that similar controversy have come up before this Court in several writ petitions and this Court has been pleased to allow this writ petition, where a clear cut mandate has been given by this Court that the service rendered by such teachers in Government Primary and Government Junior High School shall be counted for the purpose of selection as well as the promotional grade and in those matters such relief has already been granted as reliance has been placed by learned counsel for the petitioner, in the judgment rendered in WPSS No.602 of 2014, Deep Chandra Badhani and Others Vs. State of Uttarakhand and others, whereby, several writ petitions have been allowed by this Court involving the same controversy.

7. It is submitted by learned counsel for the petitioners that the said judgment attained finality, as the matter was taken up in special appeal thereafter to Hon'ble Apex Court, but, the said judgment passed by learned Single Judge in the case of Manu Dhondiyal (Supra) was affirmed, since his case is squarely covered by the aforesaid judgment, the writ petition deserves to be allowed.

8. Attention of this Court was drawn by learned counsel for the petitioners to another

judgment passed by Co-ordinate Bench of this Court wherein even the Government Order dated 06.09.2019 was also discussed and dealt with and that writ petition has also been allowed by the Co-ordinate Bench being Writ Petition(S/S) No.292 of 2021, Ramesh Chandra Bhatt and Another Vs. State of Uttarakhand and Others, vide judgment dated 21.09.2021.

9. In this view of the matter, this Court finds no reason to deviate from the judgment and order passed by Co-ordinate Bench of this Court. Moreover, this Court itself have decided and passed several orders regarding the controversy, wherein, it has been held that service rendered prior to the adjustment of the petitioner as Assistant Teacher, L.T. Grade shall be counted for the purpose of granting the promotional grade to such teachers.

10. In this view of the matter, the writ petition is hereby allowed. A mandamus is issued to respondent no.3-Additional Director of Education (Secondary), Garhwal Division, Pauri to grant the Promotional Pay Scale to the petitioners from the date of their entitlement, when they have completed twelve years of service in selection grade, including the service rendered in the Government Primary School and Junior Basic Schools, as the case may be, at the earliest but not later than three months from the date of passing of this order.

11. No order as to costs.

(Pankaj Purohit, J.) 04.07.2024 PN