Devender Prakash & Others vs State Of Uttarakhand & Others

Pankaj Purohit, J

By means of this writ petition, petitioners have sought the indulgence of this Court commanding the respondents to grant them Selection Grade of Pay (Grade Pay of Rs.4800/-) from their respective due date, along with arrears of the same.

Facts of the case shorn-off unnecessary details are that petitioners were initially appointed as Assistant Teachers in Government Primary School in erstwhile State of U.P. Subsequently, they were promoted to the next higher post of ‘Assistant Teachers’ in Government Primary School/Assistant Teacher, Junior High School. Petitioners were not given Selection Pay-Scale/Grade on completion of ten years of regular and satisfactory service. They were thereafter adjusted on the post of Assistant Teacher, L.T. Grade on a pay-scale of Rs.9300-34800/- and Grade Pay of Rs.4600/-, on the basis of the option exercised by them.

The controversy involved in this writ petition cropped up when the petitioners completed ten years of regular service and they claimed for Selection Grade Pay of ₹4800/- from the respondent-Department on the ground that they have continued ten years of regular service, and they are entitled to get the selection grade reckoning the service rendered by them in Government Primary and Government Junior High School.

Petitioners have submitted the proposal through proper channel for grant of selection grade as stated above. However, the said request was turned down by respondents on the ground that the period shall be counted only from the date of adjustment as L.T. Grade Teacher and the period spent in the same pay scale as Assistant Teacher, Government Junior High School shall not be counted. Feeling aggrieved by the aforesaid action, on the part of the respondents, for denial of selection grade to the petitioners, the petitioners are before this Court.

It is contended by learned counsel for the petitioners that similar controversy have come up before this Court in several writ petitions and this Court has been pleased to allow those writ petitions, where a clear cut mandate was given by this Court that the service rendered by such teachers in Government Primary and Government Junior High School shall be counted for the purpose of selection grade and in those matters such relief has already been granted. Reliance has been placed by learned counsel for the petitioners, in the judgment rendered in WPSS No.602 of 2014, Deep Chandra Badhani and Others Vs. State of Uttarakhand and Others, whereby several writ petitions have been allowed by this Court involving the same controversy.

It is submitted by learned counsel for the petitioners that the said judgment attained finality as the matter was taken up in special appeal and thereafter to Hon’ble Apex Court, but the said judgment passed by learned Single Judge in the case of Manu Dhondiyal (supra) was affirmed since his case 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 petitioners 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 relying upon the judgment of Manu Dhondiyal (supra) have decided and passed several orders regarding the controversy wherein it has been held that service rendered prior to the adjustment of the petitioner shall be counted for the purpose of granting the selection grade to such teachers.

In this view of the matter, the writ petition is hereby allowed. A mandamus is issued to respondents competent authority to grant the selection grade to the petitioners from the date of their entitlement when they have completed ten years of service including the service rendered in the Government Primary School and Government Junior High Schools within a period of not later than three months from the date of passing of this order.

No order as to costs.