Trilok Singh Panwar vs State Of Uttarakhand And Others

Ravindra Maithani, J

By means of the instant petition, the petitioner seeks the following reliefs:-

Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent department to grant promotional pay scale to the petitioner w.e.f. 30.03.2022, on completion of 22 years’ services from the date of initial appointment, in view of the judgment and order dated 30.08.2018 (annexure no.0) passed by this Hon’ble Court in SPA No.279/2022 (State of Uttarakhand and others Versus Harish Singh Bora and others), as the SLP filed by the State Government filed against the order dated 30.08.2018 has already been dismissed by Hon’ble Supreme Court vide order dated 09.05.2019.

II. Issue any other relief, which this Hon’ble Court may deem fit and proper in the circumstances of the case.

III. Cost of petition may be awarded in favour of petitioners.”

Heard learned counsel for the parties and perused the record.

It is the case of the petitioner that initially, he was appointed as an Assistant Teacher in Grant-in-Aid School. Subsequently, the school was provincialized. But now, the services rendered by the petitioner prior to the school being provincialized are not being considered for granting promotional pay scale, whereas the services so rendered by the petitioner were considered for grant of selection pay scale. He would submit that the controversy is squarely covered by the judgment dated 30.08.2018, passed by the Division Bench of this Court in Special Appeal No.279 of 2018, State of Uttarakhand and others vs. Harish Singh Bora and others; and connected cases.

This fact is admitted by the learned State counsel.

Since, the matter is covered, instant petition is decided in terms of the judgment dated 30.08.2018, passed by the Division Bench of this Court in Special Appeal No.279 of 2018, State of Uttarakhand and others vs. Harish Singh Bora and others; and connected cases.