Uttarakhand High Court
Smt. Rajeshwari Vyas vs State Of Uttarakhand & Others on 16 May, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No.796 of 2024
Smt. Rajeshwari Vyas ........Petitioner
Versus
State of Uttarakhand & others ........Respondents
Presence:-
Mr. Devang Dobhal, learned counsel for the petitioner.
Mr. Atul Bahuguna, learned Standing Counsel for the State.
Hon'ble Pankaj Purohit, J. (Oral)
The defect, as pointed out by the Registry, is overruled, as
the learned counsel for the petitioner has supplied the typed copy of
annexure-2.
2. At the joint request of the parties, the petition is disposed-
off at the admission stage itself.
3. Petitioner was appointed as Assistant Teacher, Primary
School on 15.10.1984. On 23.10.1998, she was given promotion on the
pay grade of Rs.4250-100-5150-125-6400. The petitioner was adjusted
as Assistant Teacher L.T. Grade in the year 2010. The petitioner was
entitled to Promotional Pay-Scale and Grade Pay of ₹ 5400/- after
completion of ten years of service in selection grade. The petitioner
has now claimed promotional grade, but the same has been denied by
the respondent.
4. It is contended by learned counsel for the petitioner that
similar controversy came up before this Court in several writ petitions
and this Court has been pleased to allow those writ petitions where a
clear cut mandate has been given by this Court that the service
rendered by such teachers in Government Primary and Government
Junior High School shall be counted for the purpose of selection as
well as the promotional grade and in those matters such relief has
already been granted. Reliance has been placed by learned counsel for
the petitioner in the judgment rendered in WPSS No.602 of 2014,
Manu Dhondiyal Vs. State of Uttarakhand whereby several writ
petitions have been allowed by this Court vide judgment dated
11.04.2017 involving the same controversy.
5. It is submitted by learned counsel for the petitioner that
the said judgment attained finality as the matter was taken up in
special appeal thereafter to Hon'ble Apex Court, and the said judgment
passed by learned Single Judge in the case of Manu Dhondiyal (supra)
was affirmed. Since the case of petitioner is squarely covered by the
aforesaid judgment, the writ petition deserves to be allowed.
6. Attention of this Court was drawn by learned counsel for
the petitioner to another judgment passed by Co-ordinate Bench of this
Court wherein even the Government Order dated 06.09.2019 was also
discussed and dealt with and that writ petition has also been allowed
by the Co-ordinate Bench being Writ Petition (S/S) No. 292 of 2021,
Ramesh Chandra Bhatt Vs. State of Uttarakhand vide judgment dated
21.09.2021.
7. In this view of the matter, this Court finds no reason to
deviate from the judgment and order passed by Co-ordinate Bench of
this Court. Moreover, this Court itself have decided and passed several
orders regarding the controversy wherein it has been held that service
rendered prior to the adjustment of the petitioner as Assistant Teacher,
L.T. Grade shall be counted for the purpose of granting the selection
grade as well as promotional grade to such teachers.
8. In this view of the matter, the writ petition is hereby
allowed. A mandamus is issued to respondent no.3-Additional Director
of Education (Secondary), Garhwal Region, Pauri Garhwal to grant the
Promotional Pay Scale to the petitioner from the date of her
entitlement when she has completed twelve years of service in
selection grade including the service rendered in the Government
Primary School and Junior Basic Schools, as the case may be, at the
earliest but not later than three months from the date of passing of this
order.
9. Needless to state that in view of this judgment, no
recovery shall be effected from petitioner regarding this issue.
10. No order as to costs.
(Pankaj Purohit, J.)
16.05.2024
AK
