Godambari Bisht & Others vs State Of Uttarakhand & Others

Pankaj Purohit, J

Heard learned counsel for the parties.

Facts of the case shorn-off unnecessary detail are that petitioners were initially appointed as Assistant Teacher in different Government Primary Schools. Subsequently, the petitioners were promoted to the post of ‘Headmistress’. Thereafter, they were absorbed in L.T. Grade. Details regarding the appointment and subsequent promotions has been given in paragraph no.2 of the petition.

The controversy involved in this writ petition cropped up when the petitioners completed requisite service on Selection Pay-Scale and they claimed for Promotional Pay Scale of ₹5400/- from the respondent-Department on the ground that they fulfill the eligibility criteria for being considered for the promotion pay scale, and thus they are entitled to get the Promotional Pay Scale reckoning the previous service rendered by them. Petitioners have submitted the proposal through proper channel for grant of Promotional Pay Scale as stated above. However the said request was turned down by respondent authority 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. The joint representation moved by the petitioners also could not yield any positive result. Feeling aggrieved by the aforesaid action, on the part of the respondents, for denial of Promotional Pay Scale to the petitioners, they are before this Court.

A counter affidavit has been filed on behalf of respondent nos.2 to 4 in the matter in which they have reiterated the stand that there is no government order providing the benefit as claimed for by the petitioners for adding their previous service.

It is contended by learned counsel for the petitioners 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 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 as well as the promotional grade and in those matters such relief has already been granted. A reliance has been placed by learned counsel for the petitioners in the judgment rendered 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 petitioners 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 petitioners 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 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.

It is informed to the Court that petitioner nos.1 and 2 herein have already been provided the benefit of grant of promotional pay scale, however, the apprehension of learned Senior Counsel is that the State may proceed to recover such benefit from their retiral dues as they are going to superannuate soon.

In this view of the matter, the writ petition is hereby allowed. A mandamus is issued to respondent no.3-Additional Director of Education (Secondary), Garhwal Division, Pauri to grant the Promotional Pay Scale to the petitioners no.3 to 6 from the date of their entitlement when they have completed twelve years of service in selection grade including the 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.

Needless to state that in view of this judgment, no recovery shall be effected from petitioner nos.1 and 2 regarding this issue.

No order as to costs.