Uttarakhand High Court
Hira Singh Mahara And Others ... vs State Of Uttarakhand And Others on 21 May, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
Writ Petition No.1475 of 2020 (S/S)
Hira Singh Mahara and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition No.1543 of 2020 (S/S)
Dhan Singh Koranga and Another ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition No.1583 of 2020 (S/S)
Ashok Kumar Pant and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition No.1599 of 2020 (S/S)
Shyam Singh Adhikari and Others ...Petitioners
Vs.
State of Uttarakhand and Others ...Respondents
With
Writ Petition No.579 of 2023 (S/S)
Sohan Singh Mehta ...Petitioner
Vs.
State of Uttarakhand and Others ...Respondents
Presence:
Mr. Ganesh Kandpal, learned counsel for the petitioners (except
WPSS No.579 of 2023)
Mr. S.K. Mandal, learned counsel for the petitioner in WPSS
No.579 of 2023.
Mr. Bhupendra Koranga and Mr. R.C. Joshi, learned Brief
Holders for the State.
Hon'ble Pankaj Purohit, J. (Oral)
Since common question of law is involved in all
these writ petitions, hence, they are taken up and decided by this
common judgment. For the sake of brevity, the facts of WPSS
No.1475 of 2020 are taken into consideration.
2. Petitioners were appointed as Lecturer/Assistant
Teacher (L.T Grade), on ad-hoc basis between the year 1987-
1993. Subsequently, the services of the petitioners were
regularized on 07.08.1993, 20.04.1998, 03.11.2000 and
10.12.1999. After calculating the services rendered by the
petitioners as ad-hoc teachers, they were sanctioned and given
Selection Grade vide different orders.
3. Subsequently, by the impugned orders dated
08.12.2017 and 05.09.2019, respondent-State has cancelled the
payment of Selection Grade to the petitioners. A direction was
issued to the respondents to take necessary action after the
cancellation of the sanctioning of the Selection Grade to the
petitioners, which was sanctioned to them reckoning their
services put in as ad-hoc Lecturers/Assistant Teachers.
4. It is feeling aggrieved by the aforesaid orders
impugned in the writ petition, the petitioners are before this
Court.
5. It is submitted by learned counsel for the petitioners
that the controversy involved in the present writ petition is no
longer res-integra and a Division Bench of this Court, in Writ
Petition No.409 of 2020 (S/B) Sudarshan Lal Sah and Others Vs.
State of Uttarakhand and Others, has been pleased to allow such
writ petition vide judgment and order dated 06.05.2024.
6. A copy of judgment and order dated 06.05.2024 is
handed over by the learned counsel for the petitioners to the
Court. From the perusal of the said judgment and order, it is
culled out that though the matter relates to the case of Principals
of the Intermediate College, the issue involved in this writ
petition is quite similar to the issue involved in the present batch
of writ petitions.
7. Learned State Counsel does submit that the
controversy is set at rest by the aforesaid judgment and order
dated 06.05.2024.
8. Accordingly, all the writ petitions are disposed of,
with the observations that the benefit, if any, granted to the
petitioners in terms of Government Order dated 08.03.1995 shall
not be recovered, under the garb of subsequent Government
Order dated 08.12.2017. However, it is also provided that the
amount of recovery made from the petitioner(s), if any, shall also
be paid back to the petitioner(s).
9. Pending application(s), if any, also stands disposed
of.
(Pankaj Purohit, J.)
21.05.2024
PN/-
