WPSS/1106/2025
2025 Latest Caselaw 1867 UK

Uttarakhand High Court

WPSS/1106/2025 on 11 August, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

                Office Notes,
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11                                WPSS No.1106 of 2025
                                  WPSS No.575 of 2025
                                  WPSS No.799 of 2025
                                  Hon'ble Ravindra Maithani, J.

Mr. Anil K. Bisht, Advocate for the petitioners in WPSS No.1106 of 2025 and WPSS No.575 of 2025.

Mr. Vinod Tiwari, Advocate for the petitioner in WPSS No.799 of 2025.

Mr. N.S. Pundir, D.A.G. for the State. This matter has been heard on multiple occasions.

It is the case of the petitioners that the matter is squarely covered by the judgment and order dated 08.05.2024, passed by the Division Bench of this Court in SPA No.833 of 2019, State of Uttarakhand and Others Vs. Tula Singh Tariyal, whereas, on behalf of the State, it is argued that this matter is squarely covered by the judgment and order dated 28.06.2010, passed by the Division Bench of this Court, in SPA No.425 of 2022, State of Uttarakhand and others Vs. Diwan Singh Aithani and Others; and connected cases, and the petitioners are not entitled to claim seniority by counting their services prior to provincialization.

In the case of Aithani (supra), on multiple grounds, which includes execution of bonds by the teachers, they were not given seniority by counting their service prior to the date of provincialization, but, learned counsel for the petitioners submits that in the instant case, bonds have not been executed. It has been rebutted by saying that at the time of provincialization, each teacher has to give a bond, in view of Government Order dated 27.09.2018.

Let State file counter affidavit within a week.

Three days, thereafter, rejoinder affidavit, if any, may be filed, List this matter for final hearing on 28.08.2025, just after fresh cases, as the first case.

(Ravindra Maithani J.) 11.08.2025 RV