Anita Rawat vs State Of Uttarakhand & Another

Pankaj Purohit, J

Heard learned counsel for the parties.

Facts of the case shorn-off unnecessary details are that petitioner was initially appointed as Assistant Teacher in Government Primary School. Subsequently, the petitioner was promoted to the post of Assistant Teacher, Junior High School. Thereafter, she was absorbed in L.T. Grade. Details regarding appointment and subsequent promotion of petitioner have been provided in the chart appended to in paragraph no.3 of the petition.

The controversy involved in this writ petition cropped up when the petitioner completed requisite service on Selection Pay-Scale and she claimed for Promotional Pay Scale of ₹5400/- from the respondent-Department on the ground that she fulfills the eligibility criteria for being considered for the promotion pay scale reckoning the previous service rendered by her. Petitioner submitted the proposal through proper channel for grant of Promotional Pay Scale as stated above. However the said request was not found any favour with the respondent authority. Feeling aggrieved by the aforesaid inaction on the part of the respondents, for Promotional Pay Scale to the petitioner, she is before this Court.

It is contended by learned counsel for the petitioner that similar controversy came up before this Court in several writ petitions and this Court has been pleased to allow those writ petitions where a clear cut mandate has been given that the service rendered by such teachers in Government Primary and Government Junior High Schools 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 petitioner in a judgment rendered by the Co-ordinate Bench of this Court 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.

It is submitted by learned counsel for the petitioner 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 petitioner is squarely covered by the aforesaid judgment, the writ petition deserves to be allowed.

Attention of this Court was drawn by learned counsel for the petitioner to another judgment passed by Co-ordinate Bench of this Court wherein even the Government Order dated 06.09.2019 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.

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 have decided and passed several orders regarding the controversy wherein it has been held that service rendered prior to the adjustment of the petitioner as Assistant Teacher, L.T. Grade shall be counted for the purpose of granting the selection grade as well as promotional grade to such teachers.

In this view of the matter, the writ petition is hereby allowed. A mandamus is issued to respondent no.2-Additional Director of Education (Secondary), Garhwal Division, Pauri to grant the Promotional Pay Scale to the petitioner from the date of her entitlement i.e. 16.04.2017 when she had completed twelve years of service in selection grade by including the previous service rendered in the Government Primary School and 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.

No order as to costs.