State Of Uttarakhand And Others ... vs Mamta Sah And Another
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Uttarakhand High Court

State Of Uttarakhand And Others ... vs Mamta Sah And Another on 5 March, 2024

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

     HIGH COURT OF UTTARAKHAND AT NAINITAL

           Hon'ble Chief Justice Ms. Ritu Bahri
           Hon'ble Justice Sri Rakesh Thapliyal
                          05th March, 2024
                 Special Appeal No.385 of 2022

State of Uttarakhand and Others                 ............... Petitioners

                                   Vs.

Mamta Sah and Another                             ..........Respondents

Counsel for the Appellant/State: Mr. J. C. Pandey, learned Standing Counsel.

Counsel for the respondent: Mr. Anil Kumar Joshi.

Upon hearing the learned Counsel, the Court made the following Judgment:

(Per Ms. Ritu Bahri, C.J.)

1. The State has come up against the judgment of the Learned Single Judge dated 02.03.2022, whereby, the petition filed by respondent No.1, Mamta Sah, has been allowed and the order dated 06.06.2018, rejecting the petitioner's claim for being granted approval to her appointment as Assistant Teacher (General) was set-

aside.

2. After hearing the learned counsel for the parties, the fact which is not disputed by the State is, as per the judgment, in paragraph No. 8, the petitioner has acquired the TET qualification on 07.03.2017. Another fact which is required to be considered is that the petitioner was working in a college which was granted grant-in-aid on 04.03.2014.

3. Even if, the argument of the learned counsel for the State is to be taken to a logical end, the petitioner was

become eligible in 2017, has to be given salary from the date she become eligible, i.e., 07.03.2017. The judgment of the learned Single Judge dated 02.03.2022, is being modified that the appellant-State will give salary to petitioner w.e.f. 07.03.2017, the date when she acquired the qualification, after verifying that she is working in the Institute till date.

4. Accordingly, the present special appeal stands disposed of.

(Rakesh Thapliyal, J.) (Ritu Bahri, C.J.) 05.03.2024 PV/RB