Uttarakhand High Court
9 September vs State Of Uttarakhand And Others on 9 September, 2024
Author: Pankaj Purohit
Bench: Pankaj Purohit
2024:UHC:6560
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Service Single No. 1723 of 2024
09 September, 2024
Pawan Rani --Petitioner
Versus
State Of Uttarakhand and Others --Respondents
Presence:-
Mr. Anil Anthwal, learned counsel for the petitioner.
Mr. R.C. Joshi, learned Brief Holder for the State of
Uttarakhand/respondents.
Hon'ble Pankaj Purohit, J. (Oral)
By means of this writ petition, petitioner has
sought the indulgence of this Court for a direction to
respondents to grant the benefit of selection/
promotional pay scale by counting the services rendered
by her before grant-in-aid.
2. The brief facts of the case are that the
petitioner is working as a Lecturer (English) in the grant-
in-aid institution since September 2013. After having
completed 10 years of service as such, she is entitled for
selection pay-scale/grade by the respondent-
Department, but despite there being clear-cut provisions
enumerated in the Government Order dated 22.02.2010
for grant of selection grade after putting in 10 years'
continuous satisfactory service and grant of promotional
pay scale on completion of 12 years service in the
selection grade, she has not been given the said benefit.
3. Learned counsel for the petitioner submits
that subject matter of the present writ petition is covered
by a judgment rendered by a Co-ordinate Bench of this
Court in WPSS No.1955 of 2015 (Munendra Singh Rana
2024:UHC:6560
& others vs. State) and connected petitions decided on
27.03.2017, which was upheld by the Division Bench of
this Court vide judgment dated 30.08.2018 passed in
SPA No.279 of 2018 (State vs. Harish Singh Bora &
others) and batch. This fact has also been admitted by
learned State Counsel.
4. In this view of the matter, the present writ
petition stands allowed in terms of the judgment and
order passed by a Co-ordinate Bench of this Court in
WPSS No.1955 of 2015 (Munendra Singh Rana & others
Vs State Of Uttarakhand & others) and connected
petitions decided together on 27.03.2017, which was
later on upheld by the Division Bench of this Court vide
judgment dated 30.08.2018 passed in SPA No.279 of
2018 (State vs. Harish Singh Bora & others) and batch.
5. Accordingly, respondents are directed to
release Selection Grade/Time Pay Scale to the petitioner
counting her service from the date of her initial
appointment in the Boxa Janjati Krishak Inter College,
Sheeshambara, P.O. Sherpur, Dehradun, within a period
of eight weeks from today along with arrears. The
petitioner is also entitled to get interest @ 9% per annum
on the arrears.
6. It is made clear that if arrears are not released
within aforesaid period, petitioner shall be entitled to get
interest @18% per annum.
(Pankaj Purohit, J.)
09.09.2024
PN
PREETI Digitally signed by PREETI NEGI
NEGI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f6aab, postalCode=263001,
st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI
Date: 2024.09.09 18:24:46 +05'30'
