Rajeshwari Vyas vs State Of Uttarakhand & Others

Pankaj Purohit, J

The defect, as pointed out by the Registry, is overruled, as the learned counsel for the petitioner has supplied the typed copy of annexure-2.

At the joint request of the parties, the petition is disposed-off at the admission stage itself.

Petitioner was appointed as Assistant Teacher, Primary School on 15.10.1984. On 23.10.1998, she was given promotion on the pay grade of Rs.4250-100-5150-125-6400. The petitioner was adjusted as Assistant Teacher L.T. Grade in the year 2010. The petitioner was entitled to Promotional Pay-Scale and Grade Pay of ₹ 5400/- after completion of ten years of service in selection grade. The petitioner has now claimed promotional grade, but the same has been denied by the respondent.

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 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. Reliance has been placed by learned counsel for the petitioner 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 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.3-Additional Director of Education (Secondary), Garhwal Region, Pauri Garhwal to grant the Promotional Pay Scale to the petitioner from the date of her entitlement when she has 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 regarding this issue.

No order as to costs.