Uttarakhand High Court

Heera Singh Rawat vs State Of Uttarakhand & Others on 6 May, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

     HIGH COURT OF UTTARAKHAND AT NAINITAL

                   Writ Petition (S/S) No. 803of 2023

Heera Singh Rawat                                           ........Petitioner
                                   Versus

State of Uttarakhand & others                              .....Respondents

Present:-
       Mr. Tarun Pande, learned counsel for the petitioner.
       Mr. Rajeev Singh Bisht, learned Deputy Advocate General assisted by Mr.
       Bhupendra Singh Koranga, learned Brief Holder for the State.

Hon'ble Pankaj Purohit, J.

1. By means of this writ petition the petitioner has sought indulgence of this Court directing respondents to compute the count of services of the petitioner rendered in U.P. Basic Education Board for granting benefit of Assured Carrier Plan (A.C.P.) to him. Further directing the respondent no.2 to decide the representation of the petition dated 20.12.2022.

2. Heard learned counsel for the parties.

3. Brief facts of the case are that petitioner was given compassionate appointment on 17.09.1996 on Group D post at Junior High School Kholachori, Vikaskhand Kot, Pauri Garhwal run by U.P. Basic Education Board. Petitioner has become Government Employee w.e.f 22.04.2006 by virtue of Section 58 of Uttarakhand School Education Act, 2005. On 05.07.2022 a committee in its minutes of meeting observed that the Director, Elementary Education can decide the matters of ACP and similar nature and can accordingly issue directions. Pursuant to which petitioner sent a detailed representation to the Director, Elementary Education Board but till date his representation has not been decided and the benefit of the order passed by this Court on 14.07.2022 has not been granted to the petitioner.

4. Learned counsel for the petitioner submits that this matter is covered by the judgment rendered by this Court on 14.07.2022 in WPSS No.1349 of 2020 being leading petition alongwith connected therefore, benefit of that judgment be also given to the petitioner.

5. Learned State Counsel fairly concedes this fact that the writ petition is covered by the aforesaid judgment.

6. For the reasons stated above, Director, Elementary Education Board is directed to decide the representation of petitioner dated 20.12.2022 and the benefit of the order passed in WPSS No.1349 of 2020 be given to the petitioner.

7. Accordingly, the writ petition is allowed.

(Pankaj Purohit, J.) 06.05.2024 Arti