Satya Pal Singh vs State of Uttaranchal and Another

Rajesh Tandon, J.—Heard Sri S.K. Mandal, learned Counsel for the petitioner and learned Standing Counsel for the respondents.

By the present writ petition, the petitioner has prayed for the issue of a writ, order or direction in the nature of mandamus directing the respondents to give promotion scale with annual increments admissible to the Assistant Teacher. Further with a prayer to issue writ in the nature of mandamus directing the respondents to give balance amount with 18% interest to the petitioner.

Brief facts giving rise to the present writ petition are that initially the petitioner was appointed as Assistant Teacher in Primary School on 9.3.1995 on consolidated salary. Thereafter he was promoted on 14.11.1996 as Asst. Teacher (Science) in Junior High School at Betalghat, but he has not been given joining.

Counsel for the petitioner has submitted that seniority list of Assistant Teacher of Basic School was issued on 18.11.1997 by the Respondent No. 3 in which the petitioner was placed at Serial No. 1 and all the teachers were directed that they will join their respective schools in order of their promotions within 15 days. According to the regulation, the promotion of the petitioner is made on the basis of seniority on the post of Assistant Teacher in Junior High School.

At the time of filing the writ petition, following order was passed on 26.9.2001 by His Lordship Hon''ble Mr. Justice P.C. Verma :

"Notices have been accepted by learned Chief Standing Counsel on behalf of all the respondents, who prays for and is allowed three weeks'' time to file counter affidavit. List thereafter.

In the meantime, representation of the petitioner dated 10.5.2001, contained in Annexure No. 6 to the writ petition, shall be decided by the authority concerned."

Counsel for the petitioner has submitted that the petitioner had been released from Primary School, Dev Nagar on 29.11.1997 and appeared to join the promoted post in the Higher Secondary School, Kutra, Khatime, but the petitioner has not been given joining due to the reason that no vacant post is available.

Counsel for the petitioner has submitted that the petitioner has approached to the Respondent No. 3 and requested him to give joining at another place, but he did not change the promoted place of the petitioner.

Counsel for the petitioner has submitted that in the Writ Petition No. 5092/99 filed by the petitioner, the Allahabad High Court has directed the respondents to allow the joining to the petitioner in any of the Institutions where the vacancy exists. Thereafter the petitioner has given his joining on 20.5.1999 at Govt. High School, Sadunangal Lama Kheda, Sitarganj, Distt. U.S. Nagar.

The grievance of the petitioner is that since the petitioner has been promoted as Assistant Teacher in Junior High School, therefore, he is entitled for the promoted pay-scale of Rs. 4250-100-5150-125-6400 instead of pay-scale of Rs. 3600-85-4250-100-5350 which is being given to the Assistant Teacher in Primary School.

Counsel for the petitioner has submitted that in spite of application/representation preferred by the petition on 10.5.2001, the said pay-scale has yet not been given to the petitioner while the juniors to the petitioner have been given the promoted pay-scale.

Counsel for the petitioner has further submitted that on the representation preferred by the petitioner a report has been called from the Assistant Basic Education Officer, Sitarganj Circle by the Basic Siksha Adhikari, Rudrapur on 18.5.2001, but the same has not yet been submitted by the Respondent No. 3.

It has been further submitted that the annual increments from 14.11.1996, the bonus for the year 1995-96 and the house allowance for the same year has not been paid by the department to the petitioner.

Learned Counsel for the petitioner has confined his argument that the respondents may be directed to decide the application/representation already preferred by the petitioner.

Keeping in view of the aforesaid facts and circumstances of the case the petition is disposed of directing the respondents to decide the application/representation already preferred by the petitioner within a period of six weeks from the date of filing of the certified copy of this order, after giving opportunity of hearing to the petitioner.