Citation : 2024 Latest Caselaw 2066 UK
Judgement Date : 9 September, 2024
2024:UHC:6565
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 1716 of 2024
Indresh Devi & others --Petitioners
Versus
State Of Uttarakhand & others --Respondents
With
Writ Petition (S/S) No. 1717 of 2024
Sudhir Kumar & others --Petitioners
Versus
State of Uttarakhand & others --Respondents
Writ Petition (S/S) No. 1718 of 2024
Padam Singh & others --Petitioners
Versus
State of Uttarakhand & others --Respondents
Writ Petition (S/S) No. 1720 of 2024
Abhishek Painuly & others --Petitioners
Versus
State of Uttarakhand & others --Respondents
Writ Petition (S/S) No. 1721 of 2024
Parag & others --Petitioners
Versus
State of Uttarakhand & others --Respondents
1
2024:UHC:6565
Writ Petition (S/S) No. 1724 of 2024
Julfkar & others --Petitioners
Versus
State of Uttarakhand & others --Respondents
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Presence:-
Dr. Kartikey Hari Gupta, learned counsel along with Mr.
Rafat Munir Ali and Ms. Irum Zeba, learned counsel(s) for
the petitioners.
Mr. R.S. Bisht, learned Additional C.S.C. for the State.
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Hon'ble Pankaj Purohit, J.
Since a common question of law and fact is involved in all these writ petitions, hence these are being taken up together and decided by this common order. For the sake of clarity, facts of WPSS No.1716 of 2024 have been taken into consideration.
2. Petitioners seek to command the respondents to grant them the benefit of promotional grade pay by counting the services rendered by petitioners before grant-in-aid.
3. Petitioners were initially appointed on various capacities in a recognized non-government unaided institution. By a subsequent order, the institution was brought into Grant-in-aid, where petitioners are presently working. Petitioners were given the benefit of selection grade pay after adding their services before grant-in-aid. According to petitioners, they are also entitled to promotional grade pay, which has to be reckoned from the date of their initial appointment.
4. It is submitted by learned counsel for the petitioner(s) that the writ petitions are covered by the
2024:UHC:6565 judgment and order dated 27.03.2017 passed by a Co- ordinate Bench of this Court in WPSS No.1955 of 2015 and batch of writ petitions, which is annexed along with the writ petitions. He further submits that the Special Appeal and the SLP filed by the State have also been dismissed.
5. Learned State Counsel does not dispute the fact that the matter is squarely covered by the aforesaid judgment.
6. In this view of the matter, all the writ petitions are allowed. The writ petitions filed by the petitioners shall abide by the judgment and order dated 27.03.2017 passed by a Co-ordinate Bench of this Court in WPSS No.1955 of 2018 and batch of writ petitions.
7. Pending application(s) if any stands disposed of accordingly in all these matters.
(Pankaj Purohit, J.) 09.09.2024 AK AVNEET Digitally signed by AVNEET KAUR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=a82175252dc1a0f53f0e245a1c11df9aa490cfd1403838bf52f9acab4cc
KAUR 3a5b9, postalCode=263001, st=UTTARAKHAND, serialNumber=5BEC18DADE54688668187E4D722C2EDBFDAF35AB2F676A55 1481BE62508FDDEE, cn=AVNEET KAUR Date: 2024.09.09 17:45:22 +05'30'
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