Unknown vs State Of Uttarakhand And Others
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Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 3 September, 2024

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                       2024:UHC:6337
HIGH COURT OF UTTARAKHAND AT NAINITAL
     Writ Petition Service Single No. 1668 of 2024
                          3rd September, 2024


Vijay Madhwal and others                               --Petitioners
                       Versus

State of Uttarakhand and others                --Respondents

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Presence:-
Mr. Anil K. Bisht and Mr. Guru Prasad Awasthi, Advocates for
petitioners
Mr. Pradeep Hairiya, learned S.C. for the State.
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Hon'ble Pankaj Purohit, J.

Heard learned Counsel for the parties.

2. Petitioners have sought for writ of mandamus commanding the respondents to count the services of the petitioners rendered in Government Aided School prior to its provincialisation and give all service benefits, in light of judgment passed by this Court in WPSS No.527 of 2018, Kailash Chandra Pathak Vs. State of Uttarakhand through Secretary School Education dated 14.12.2021.

3. The main crux of the matter is that the services rendered by petitioners in the institution(s), which was subsequently brought into grant-in-aid, were not counted for the purpose of giving them the benefits of service.

4. At this stage learned counsel for the petitioners has contended that this issue has already been dealt with by a Co-ordinate Bench of this Court in WPSS No.270 of 2009 decided on 23.12.2009 wherein the relief(s) claimed by petitioner, therein, was granted. Following the said judgment dated 23.12.2009, a Division Bench of this Court disposed-of SPA No.417 of 2024:UHC:6337 2014 vide judgment dated 28.10.2014. Another Co- ordinate Bench of this Court by judgment dated 22.12.2017 passed in WPSS No.3461 of 2017, took note of the aforesaid judgments dated 23.12.2009 as well as 28.10.2014 and granted relief to the petitioner therein. It was accordingly prayed by learned counsel that following the said ratio, the present writ petition may also be allowed by granting the petitioners the relief claimed by them.

5. To the aforesaid submissions, learned State counsel has also expressed his concurrence.

6. In such view of the matter, present writ petition is allowed. The respondent-State is directed to count the services rendered by the petitioners in the government aided school(s) prior to its provincialisation, and at the same time provide them all sort of service benefits, in light of the judgments, referred to hereinabove.

7. No order as to costs.

(Pankaj Purohit, J.) 03.09.2024 Rdang

RAJEEV

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH

2.5.4.20=963da6fc6df8dbb91944e0c58b9ed259ec3d800f419a 1199f15a3961c8ca2957, postalCode=263001,

DANG st=UTTARAKHAND, serialNumber=63F6E663A1DD44892EED6B81F043D778B37D 74D2DB7200F2DABC7ABCC1CA358D, cn=RAJEEV DANG Date: 2024.09.04 11:08:32 +05'30'