Citation : 2024 Latest Caselaw 389 UK
Judgement Date : 19 March, 2024
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No.1592 of 2023
Parevendra Singh Rawat and others ........Petitioners
Vs.
State of Uttarakhand & others .....Respondents
With
Writ Petition (S/S) No.1595 of 2023
Writ Petition (S/S) No.1597 of 2023
Presence:-
Mr. Bhagwat Mehra, learned counsel for the petitioners.
Mr. Rajeev Singh Bisht, learned Additional C.S.C. along with Mr. Bhupendra
Koranga, learned Brief Holder for the State.
Hon'ble Pankaj Purohit, J. (Oral)
Since common questions of law and fact are involved in these writ petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition (S/S) No.1592 of 2023 are considered and discussed.
2. By means of these writ petitions, petitioners have challenged the orders dated 16.12.2017 and 08.12.2017 passed by respondent nos.1 and 3, respectively, as well as the consequential order dated 13.12.2017 issued by respondent no.2 (Annexure Nos.7 to
9), respectively to the writ petition, whereby the selection grade which has been provided to the petitioners working as on ad-hoc service as Lecturers has been withdrawn.
3. Heard learned counsel for the parties.
4. Learned counsel for the petitioners submits that such controversy has been set at rest by a Co-ordinate Bench of this Court in Writ Petition (S/S) No.2602 of 2019 and batch of writ petitions have been disposed-off on 13.12.2021 and case of the petitioners is completely covered by the said judgment.
5. The challenge raised in these writ petitions is no more res
integra in view of the judgment passed by this Court in WPSS No. 2602 of 2019 (Dinesh Singh and others vs. State of Uttarakhand & others) and others, which were decided by a common judgment dated 13.12.2021 passed by this Court by issuing a writ of mandamus to the respondents to consider and grant the selection grade to the petitioners in light of the Government Order dated 12th July, 2002, after reckoning the period of satisfactory services rendered by them from the date of the grant of ad-hoc appointment when the "Sadharan Vetanman" was made payable, which will fall to be within the ambit of the zone of consideration under Clause (1) of the Government Order dated 12th July, 2002.
6. Accordingly, writ petitions are allowed, subject to the aforesaid observations.
7. Pending applications, if any, stand disposed of accordingly.
(Pankaj Purohit, J.) 19.03.2024 SK
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