High Court · 2025

Mr. P.S. Bisht , Addit ional CSC, for t he St at e/ appellant s. filing condonat ion t his special appeal ( 2) For t he reasons indicat ed in t he applicat ion ( CLMA/ 10931/ 2018) , t he sam e is allowed. Delay condoned. This special appeal is direct ed ( 3) against 27.3.2017, dat ed j udgm ent rendered by learned Single Judge in Writ ( S/ S) No. 1955 of 2015. Pet it ion Operat ive port ion of im pugned j udgm ent is reproduced below: t he “ The pet it ioners are working as Assist ant Teachers in Junior High School from various dat es, as m ent ioned in t he pet it ion. The inst it ut ion, where t he pet it ioners were init ially appoint ed was recognized by t he St at e Governm ent as “ B” Cat egory and t hereaft er, was recognised as “ A” Cat egory. The Grant - I n- Aid Rules were m ade applicable t o t his I nst it ut ion from 2005 & 2007. I t would be apt t o subm it at t his st age t hat t he Dist rict Educat ion Officer has sanct ioned t he post s. Thereaft er, t he post s were advert ised in accordance wit h law. The suit abilit y of t he pet it ioners was adj udged by t he duly const it ut ed Select ion Com m it t ee. Thereaft er, appoint m ent of t he pet it ioners was duly approved by t he Dist rict Educat ion Officer. The pet it ioners have worked cont inuously wit hout any break for m ore t han 10 years and were eligible for t im e scale. The denial t o t he pet it ioners of t he t im e scale purport edly is t hat t he inst it ut ions, where t he pet it ioners are serving, st art ed get t ing gr ant - in- aid only w.e.f. 2005 and 2007. This issue has been clarified by t he Direct or, Prim ary Educat ion, at Page No. 84 t o t he writ pet it ion. He has also sent rem inder t o t he St at e Governm ent t o t his effect . The fact of t he m at t er is t hat in six dist r ict s t hroughout t he St at e of Ut t arakhand, t he sim ilarly sit uat e Teachers have been grant ed t im e scale im m ediat ely aft er com plet ion of 10 years’ qualifying service. I t has also com e on record t hat t he salaries of t he pet it ioners were fixed by t aking int o considerat ion t heir ent ire lengt h of service from t he dat e of t heir init ial appoint m ent and not from t he dat e, when t he inst it ut ion was grant ed grant in aid. The act ion of t he respondent s denying t he t im e scale t o t he pet it ioners at par wit h ot her Assist ant Teachers serving in t hese six dist rict s is illegal, arbit r ary and unreasonable. Thus, violat ive of Art icles 14 and 16 of t he Const it ut ion of I ndia and t he equal cannot be t reat ed unequally. t o Accordingly, t he all t he writ pet it ions ar e allowed. The respondent s are direct ed t o release t im e init ial dat e of appoint m ent wit hin a period of eight weeks from t oday along wit h arrears. The pet it ioners are also ent it led t o int erest @ 9% per annum . t he pet it ioners t heir I t is m ade clear t hat if t he ar rears are not released, t he pet it ioners shall be ent it led t o int erest @18% per annum .” Mr. P.S. Bisht , ( 4) learned St at e Counsel for t he appellant s, subm it s t hat vide j udgm ent dat ed 30.8.2018, rendered by coordinat e Bench in Special Appeal No. 279 of 2018 and ot her connect ed m at t ers, ident ical issue was decided in favour of t eachers serving in governm ent aided prim ary schools. He furt her subm it s j udgm ent has been t hat im pugned t herefore appeal be com plied w it h, dism issed as w it hdrawn. Writ t en inst ruct ions, received by ( 5) Mr. P.S. Bisht from Direct or, Elem ent ary Educat ion, produced in t he Court is t aken on record. I n view of t he st at em ent m ade ( 6) learned St at e Counsel, based on writ t en inst ruct ions, t his special appeal is dism issed as w it hdrawn. ( Su b h ash Up a d h y ay , J.) ( M a n o j K u m ar Ti w a r i , J.) 2 5 .0 6 .2 0 2 5 Pr PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab19 8d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6F CA58C67F3C91957BE53, cn=PRABODH KUMAR