Uttarakhand High Court
Unknown vs State Of Uttarakhand And Others on 3 September, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
2024:UHC:6343
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Service Single No. 1674 of 2024
03rd September, 2024
Kamla Pandey and others --Petitioners
Versus
State Of Uttarakhand and others --Respondents
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Presence:-
Mr. Abhijay Negi with Ms. Snigdha Tiwari Advocates for petitioners.
Mr. Narain Dutt, learned S.C. for the State.
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Hon'ble Pankaj Purohit, J.
Heard learned counsel for the parties.
2. Facts of the case shorn-off unnecessary detail
are that petitioners were initially appointed as Assistant
Teacher in different Government Primary Schools as per
the details given in paragraph no.3 of petition.
Subsequently, they were promoted as Assistant Teacher,
Junior High School, on the dates given in paragraph
no.4. On completion of 10 years' service, they got the
benefit of Selection Grade. Thereafter, they were
absorbed in L.T. Grade by the order of respondent no.3.
Case of the petitioners is that they are entitled to get the
benefit of promotional pay scale w.e.f. 22.11.2017,
02.06.2022 and 27.09.2019 respectively. The petitioners
moved separate representations before the Chief
Education Officer, Nainital claiming the aforesaid benefit
of promotional pay scale. Since no response was received
to the same, hence they have approached this Court by
way of present petition seeking benefit of grant of
promotional pay scale to them.
3. It is contended by learned counsel for the
petitioners that similar controversy came up in several
writ petitions, and this Court has been pleased to allow
2024:UHC:6343
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(s) 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 petitioners to
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.
4. It is submitted by learned counsel for the
petitioners 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 petitioners is
squarely covered by the aforesaid judgment, the writ
petition deserves to be allowed.
5. Attention of this Court was drawn by learned
counsel for the petitioners to another judgment passed
by Co-ordinate Bench of this Court wherein even the
Government Order dealing with the controversy 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.
6. 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 has decided and passed several orders regarding
the controversy wherein it has been held that service
rendered prior to the adjustment of the petitioners as
2024:UHC:6343
Assistant Teacher, L.T. Grade shall be counted for the
purpose of granting the selection grade as well as
promotional grade to such teachers.
7. 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),
Kumaon Division, Nainital to grant the Promotional Pay
Scale to the petitioners from their respective date of
entitlement on which they have completed twelve years of
service in selection grade, by counting the service
rendered by petitioners, either in the Government
Primary School or 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.
8. No order as to costs.
(Pankaj Purohit, J.)
03.09.2024
R.Dang
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT
RAJEEV DANG
OF UTTARAKHAND,
2.5.4.20=963da6fc6df8dbb91944e0c58b9ed259ec3d800f419a11
99f15a3961c8ca2957, postalCode=263001, st=UTTARAKHAND,
serialNumber=63F6E663A1DD44892EED6B81F043D778B37D74
D2DB7200F2DABC7ABCC1CA358D, cn=RAJEEV DANG
Date: 2024.09.04 11:09:20 +05'30'
