Madan Lal And Others ... vs State Of Uttarakhand And Others
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Uttarakhand High Court

Madan Lal And Others ... vs State Of Uttarakhand And Others on 7 March, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

   HIGH COURT OF UTTARAKHAND AT NAINITAL
             Writ Petition No. 308 of 2025 (S/S)
Madan Lal and others                                    ..........Petitioners

                                           Vs.

State of Uttarakhand and others                         ..........Respondents
Present :    Mr. Anil K. Bisht and Mr. G.P. Awasthi, Advocates for the petitioners.
             Mr. Rajeev Singh Bihst, Additional Chief Standing Counsel for the
             State of Uttarakhand/respondent nos.1 to 5.



                                 JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the

petitioners seek the following reliefs:-

"I. Issue a writ, order or direction in the nature of mandamus commanding the respondent department to count the services of the petitioners for the purpose of counting their seniority, which they rendered before provincialization of the institution, in view of the order dated 22.12.2017 (Annexure no.3) passed in WPSS 3461/2017 (Tula Singh Tariyal Versus State and others), filed by similarly situated person and order dated 08.05.2024 (annexure no.7) passed in SPA 833/2018 (State and others Versus Tula Singh Tariyal) and other dated 03.03.2020 (annexure no.9) vide which the In-charge Additional Director, Elementary Education, in compliance of the order dated 22.12.2017 passed by this Hon'ble Court, has granted seniority to Sri Tariyal, by counting the services, which he rendered in the non-Government educational institution , before its provincialization and thereby fix their seniority at appropriate place.

II. Issue any other relief, which this Hon'ble Court may deem fit and proper in the circumstances of the case.

III. Cost of the petition may be awarded in favour of the petitioners."

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the petitioners would

submit that the controversy is squarely covered by the

judgment 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.

4. Learned counsel for the respondents admits

this fact.

5. Since, the matter is covered, instant petition is

decided in terms of the judgment 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.

(Ravindra Maithani, J.) 07.03.2025 Sanjay