Madan Lal Sharma & Others vs State Of Uttarakhand And Others

Ramesh Ranganathan, CJ

The applications seeking restoration of these writ petitions is not opposed by Mr. Vikas Pandey, learned Standing Counsel for the State of Uttarakhand and the writ petitions are, therefore, restored.

In these four writ petitions, the petitioners seek a writ of mandamus directing respondent nos. 1 to 4 to grant them the pay scale of Principal from different dates; and grant them the benefit of continuity in the post of Principal from the date they commenced holding charge of the said post. Reliance is placed, on behalf of the petitioners, on the Full Bench judgment of this Court in WPSB No. 55 of 2011 dated 20.06.2012.

The matter was referred to the Full Bench because the Division Bench, in WPSB No. 55 of 2011, doubted the correctness of the judgment of the earlier Division Bench in Special Appeal No.45 of 2010 dated 15.04.2010. The Full Bench issued a writ of mandamus, to the respondent-State, to pay the petitioners' salary, in the post of Principal, from the date they took charge as officiating Principals in the institutions concerned, within three months from the date of production of a certified copy of the order. Contending that the petitioners are similarly situated, and are entitled to a similar relief as was granted by the Full bench of this Court, in WPSB No.55 of 2011 dated 20.06.2012, the petitioners have invoked the jurisdiction of this Court.

Mr. Vikas Pandey, learned Standing Counsel for the State of Uttarakhand, would submit that the scope and ambit of the amendment, made to the relevant provisions, on 18.10.2011 was not under consideration before the Full Bench; in terms of the amendment made on 18.10.2011, a Lecturer, who puts in at least ten years of service in the selection grade, is entitled to be considered first as a down grade Principal; it is only after a down grade Principal puts in five years of service in the said post, is he then entitled to be promoted as a Principal; and, in the light of the amendment to the relevant provisions, reliance placed on behalf of the petitioners, on the decision of the Full Bench in WPSB No. 55 of 2011, is wholly misplaced.

Mr. Ajay Veer Pundir, learned counsel for the petitioners, would submit that, even if the Full Bench judgment in WPSB No. 55 of 2011 dated 20.06.2012 is held not to apply, the respondents are obligated to consider the case of the petitioners at least for appointment to the post of down grade Principal, since all them have completed ten years service as a lecturer in selection grade.

The question, whether all the petitioners have completed ten years of service as a Lecturer (selection grade), is for the competent authority to examine. Suffice it to observe that, in case the petitioners fulfil the criteria prescribed for being promoted as a down grade Principal, the respondents shall consider their claim, and extend to them the said benefit, if they fulfil the conditions stipulated in the relevant provisions.

Mr. Ajay Veer Pundir, learned counsel for the petitioners, seeks permission to make a detail representation to the second respondent. In case any such representation is made, within four weeks' from today, the second respondent shall consider the representation, and pass appropriate orders thereupon in accordance with law, within two months from the date of receipt of the petitioners' representation. In case, the petitioners are held entitled to be promoted to the post of down grade Principal, the second respondent shall also ensure that they are extended the monetary benefits, attached to the said post, within one month from the date on which he passes an order as directed hereinabove.

It is brought to our notice that the petitioner in WPSB No. 78 of 2017 has since retired from service. After considering his entitlement to be promoted as a down grade Principal, the respondents shall consider payment of the amounts, due to him, from the date on which he is held entitled to be promoted as a down grade Principal, and to be paid his retiral benefits in terms thereof.

All the writ petitions stand disposed of, accordingly.

No costs.