Naveen Chandra Kandpal vs State of Uttarakhand & others

The petitioner before this Court was a teacher in a Government school. He reached the age of superannuation and retired from service in the year 2008. Meanwhile, the State Government issued a Government Order on 01.03.2009 by which Pay-Band of the teachers, either working in Government Schools or in grant-in-aid schools, were to be increased. The said Government Order further states that this increase will be applicable from 01.04.2009, however, the contention of the petitioner is that as it will be done in pursuance of the recommendation of Sixth Pay Commission, therefore, it would be effective from 01.01.2006. The said Government Order also clarified that though the order is effective from 01.01.2006, but the teachers will be given only notional benefits from 2006, and the actual monetary benefits will flow from 01.04.2009 onwards.

The petitioner claim replacement scale which is being given to other similarly situated employees, who like the petitioner retired between 2006 to 2009. The further case of the petitioner is that his case is squarely covered by the decision of this Court in the case of Satish Chandra Pandey & others v. State of

Uttarakhand & others (WPSS No . 1716 of 2011) - a fact which is admitted by the learned counsel for the State.

The writ petition is, therefore, disposed with a direction to the Secretary Finance, Department of Finance, Dehradun as well as Director of School Education, Dehradun to do the needful in the matter after re-fixing the salary, pension and other benefits of the petitioner w.e.f. 01.01.2006 as early as possible, but definitely within a period of twelve weeks from the date of production of a certified copy of this order. The aforesaid process shall be subject to verification of the petitioner''s claim that he has reached the age of superannuation and retired as teacher between 01.01.2006 to 01.04.2009.