Uttarakhand High Court
Pushkar Singh And Others ... vs State Of Uttarakhand And Others on 18 March, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No.3130 of 2017
Pushkar Singh and Others ........Petitioners
Versus
State of Uttarakhand and Others ........Respondents
Presence:-
Mr. Anil Kumar Joshi, learned counsel for the
petitioners.
Mr. Rajeev Singh Bisht, learned Additional C.S.C.
along with Mr. Bhupendra Singh Koranga, learned
Brief Holder for the State of Uttarakhand/
respondents.
Hon'ble Pankaj Purohit, J. (Oral)
By means of this writ petition, petitioners
have sought the indulgence of this Court in the
nature of mandamus commanding the respondents
to absorb their services on the post of Assistant
Teacher (L.T. Grade) from the date the institute has
been take on grant in aid and further commanding
and directing the respondents to pay their salary
from the date of taking the institution in grant in
aid.
2. The brief facts of the case are that the
petitioner Nos.1 and 2 participated in the selection
process and were selected on the post of Assistant
Teacher, (L.T. Grade), English and Physical
Education respectively and the approval of the
aforesaid selection was granted by the respondent
No.3-Chief Education Officer, Nainital and
accordingly, appointment letters were issued to the
petitioner No.1 & 2 on 07.11.2015 and 09.11.2015
respectively. Similarly, an advertisement was
published on 08.08.2003 in daily news paper Daily
Jagran inviting applications for the post Assistant
Teacher, (L.T. Grade), Hindi, in which, petitioner
No.3 appeared and was selected by the Managing
Committee and the appointment letter dated
30.08.2003 was issued. A Government Order was
issued on 04.03.2014, taking 21 institutions under
the grant-in-aid of the State Government including
Hat Kalika Inter College Bindukhatta, Lalkuan
District Nainital and consequently, one post of
Principal and the post of Assistant Teacher (L.T.
Grade) were also sanctioned. On 01.02.2016,
another Government Order was issued, in which
the State Government has decided to provide the
grant for the financial year 2015-16 and for certain
schools, it was provided that the grant shall be
sanctioned after the sanction of the post and the
token grant was provided. On 23.12.2016, another
Government Order was issued granting token grant
of Rs.2,00,000/- to Hat Kalika Inter College
Bindukhatta, Lalkuan, District Nainital. The
institution is already under full grant but the salary
has not been released by the State Government.
3. Learned counsel for the petitioners
submits that the similar controversy has come up
for consideration before this Court in writ petition
No.1820 of 2017 (M/S) and this Court has been
pleased to hold that in view of the Section 50 of the
Uttarakhand Education Act 2006, the moment the
institute is taken into grant-in-aid list on the orders
passed by Executive Head of the State Government,
the State cannot back track on its commitments
and its orders. The appeal filed against the orders
passed in writ petition No.1820 of 2017 (M/S) has
also been dismissed on merit on 06.08.2018 and
since, no further appeal was filed, the judgment has
attained the finality.
4. On the last date i.e.14.03.2024 learned
State Counsel was directed to get instructions as to
whether the matter is squarely covered by the
judgment and order dated 06.08.2018 passed by a
Coordinate Bench of this Court or not.
5. Today, learned State Counsel submits
written instruction at Bar, the same is taken on
record. According to the said written instruction,
learned State Counsel submits that the matter is
squarely covered by the judgment and order dated
06.08.2018 passed by a Coordinate Bench of this
Court in WPMS No.1820 of 2017.
6. In such view of the matter, writ petition is
allowed in terms of the judgment and order dated
06.08.2018 passed by a Coordinate Bench of this
Court in WPMS No.1820 of 2017.
7. Pending application(s), if any, stands
disposed of accordingly.
(Pankaj Purohit, J.)
18.03.2024
PN
