Db High Court · 2025

Judgment

( p e r H o n ’ b l e Ju st i c e Sr i M a n o j K u m a r Ti w a r i )

1. This writ pet it ion was filed in 2016 seeking t he following reliefs: - “ ( i) I ssue a writ , order or dir ect ion in t he nat ur e of m andam us com m anding/ direct ing t he rekspondent s t o fix t he salary of t he pet it ioner on t he post of lect ur er in select ion grade on com plet ion of 10 years service on 09.05.1998 t her eaft er in super select ion gr ade on com plet ion of 22 years service on 09.05.2010 in t he grade pay of Rs.6,600/ - and pay t he differ ence of salary on bot h t he pay scales t ill t he dat e of r et irem ent i.e. on 31.03.2016 alongwit h 18 % int erest . 1 ( ii) I ssue a writ , order or direct ion in t he nat ur e of m andam us com m anding/ direct ing t he respondent nos.1 t o 4 t o fix t he pension of t he pet it ioner, aft er fixing his salary giving t he benefit of select ion grade and super select ion grade and r egularly pay t he pension t o t he pet it ioner. ( iii) I ssue a writ , order or direct ion in t he nat ur e of m andam us com m anding/ direct ing t he respondent s t o pay t he gr at uit y, group insurance and encashm ent of earn leav e t o t he pet it ioner alongwit h 18% int erest ot her per m issible benefit s.”

2. According t o t he pet it ioner, he was appoint ed as Assist ant Teacher ( L.T. Grade) on adhoc basis, vide order dat ed 05.02.1983, and he j oined dut ies as such in Governm ent Higher Secondary School, Garsari, Pit horagarh on 21.02.1983; his services were subsequent ly regularized, vide order dat ed 13.01.1987 passed by Deput y Direct or of Educat ion, Kum aun Division, Nainit al; he was grant ed adhoc prom ot ion as Lect urer ( Biology) , vide order dat ed 28.03.1988, and he was t ransferred t o Governm ent I nt er College, Chakrat a, Dehradun; he was t hereaft er t ransferred t o Governm ent I nt er College, Thano where he served t ill

12.03.1991; t hereaft er he was sent on deput at ion in inform al educat ion proj ect , Tarwa, Azam garh and he 2 j oined dut ies t here on 14.08.1991 and ult im at ely he was t ransferred t o I nform al Educat ion Proj ect Office, Naugarh, Siddhart hnagar, U.P. and served t here t ill

31.03.2001.

3. I t is t he case of pet it ioner t hat t he proj ect of inform al educat ion was abolished and pet it ioner was t o be t aken back t o his original post of Lect urer and since order of post ing was not passed, t herefore, he could j oin anywhere and ult im at ely t he Direct or, Educat ion ( I nt erm ediat e) , U.P., wrot e a let t er dat ed

08.10.2004 t o t he Direct or of Educat ion, Ut t arakhand, request ing him t o adj ust t he pet it ioner on t he post of Lect urer; pet it ioner was ult im at ely relieved by Dist rict Basic Educat ion Officer, Siddhart hnagar, vide let t er dat ed 02.05.2005 and t he Addit ional Direct or of Educat ion, Ut t arakhand, vide let t er dat ed 09.05.2005, perm it t ed t he pet it ioner t o j oin on t he vacant post of Lect urer ( Biology) in Governm ent I nt er College, Hedakhan, Dist rict Nainit al. Pet it ioner ult im at ely ret ired from service on 31.03.2016.

4. Pet it ioner has st at ed in t he writ pet it ion t hat salary for t he period of March, 2001 t o 09.05.2005 was 3 not paid t o him and he had t o file Writ Pet it ion No.40595 of 2014 for salary before Hon’ble Allahabad

High Court and t he said writ pet it ion is st ill pending.

5. Pet it ioner has st aked claim for select ion grade on t he post of Lect urer, which according t o him , becam e due upon com plet ing 10 years’ service as Lect urer. He furt her cont ends t hat upon com plet ion of 22 years’ service as Lect urer, he becam e ent it led for super select ion grade on 09.05.2010 but t he said benefit has also not been given t o him .

6. Mr. Gopal Mishra, Block Educat ion Officer, Lot an, Dist rict Siddhart hnagar, U.P. has filed count er affidavit on behalf of respondent nos.5 and 6, in which it is st at ed t hat Direct orat e of Basic Educat ion, U.P. issued an advert isem ent dat ed 06.08.1988, invit ing applicat ions for appoint m ent under I nform al Educat ion Proj ect ; appoint m ent in t he proj ect was subj ect t o cert ain condit ions; as per condit ion no.6 it was com pulsory for t he select ed candidat e t o work in t he proj ect for a period of 03 years, but on com plet ion of proj ect , all post s would aut om at ically lapse and appoint m ent on t he said post s would be aut om at ically 4 t erm inat ed wit hout any ot her not ice and t he holder of t he post will st and revert ed back t o his parent depart m ent . I t is furt her st at ed t hat vide G.O. dat ed

24.03.2001, t he I nform al Educat ion Proj ect was closed, t herefore, t he pet it ioner should have report ed back t o his parent depart m ent , but he chose not t o do so and he rem ained absent from dut ies from 01.03.2001 t o

09.05.2005 wit hout leave or inform at ion about his whereabout s; absence of t he pet it ioner has been ent ered in his service book by t he Dist rict Basic Educat ion Officer, Sidhart hnagar, U.P.

7. I n t he count er affidavit filed by Dr. P.N. Singh, Chief Educat ion Officer, Udham Singh Nagar on behalf of respondent nos.1 and 3, t he st and t aken is t hat

09.05.1998 when pet it ioner allegedly com plet ed 10 years’ service as Lect urer, he was on deput at ion in St at e of U.P. and in t he absence of his applicat ion for grant of select ion grade, he was not grant ed t he sam e. Regarding pet it ioner ’s claim for super select ion grade, it is st at ed t hat 12 years aft er t he dat e of grant of select ion grade, one becom es eligible for super select ion grade, however, since pet it ioner was not grant ed select ion grade and since 5 his services were not cert ified due t o absence from dut y bet ween 01.03.2001 t o 02.05.2005, he was not grant ed super select ion grade. I t is furt her st at ed t hat during t he period pet it ioner was on deput at ion, Dist rict Basic Officer, Siddhart hnagar, U.P. has recorded in t he service book of pet it ioner t hat he was absent from

01.03.2001 t o 02.05.2005 and his services have not been cert ified.

8. From t he pleadings of t he part ies, as discussed above, it is revealed t hat t here is som e confusion bet ween t he aut horit ies of Educat ion Depart m ent of St at e of U.P. and St at e of Ut t arakhand, which can only be resolved if t he Direct or, Secondary Educat ion of bot h t he successor St at es are request ed t o hold a m eet ing t o resolve t he st alem at e, which has result ed in wit hholding of legit im at e m onet ary dues payable t o t he pet it ioner.

9. The issue of pet it ioner ’s absence from dut ies from 01.03.2001 t o 02.05.2005 shall also be considered and resolved in t he said m eet ing.

10. I n such view of t he m at t er, we dispose of t he 6 writ pet it ion wit h direct ion t o t he Direct or, School Educat ion, Ut t arakhand and Direct or of Educat ion, Secondary Educat ion, U.P. ( respondent nos.1 and 5) t o nom inat e an Officer, not below t he rank of Addit ional Direct or, who shall hold a m eet ing t o resolve t he issue relat ing t o paym ent of m onet ary benefit s t o t he pet it ioner and also t he issue surrounding t he alleged absence of t he pet it ioner bet ween 01.03.2001 t o

02.05.2005, wit hin six m ont hs t he dat e of product ion of cert ified copy of t his order.

11. Secret ary t o School Educat ion Depart m ent in bot h t he successor St at es are also direct ed t o pass necessary orders for giving effect t o t he decision t aken in t he m eet ing held pursuant t o t his order, if need be, wit hin six weeks t hereaft er. For a period of eight m ont hs or t ill issue is resolved in t he m eet ing held bet ween t he nom inees of Direct ors of t he t wo St at es, whichever is earlier, provisional pension shall cont inue t o be paid t o t he pet it ioner. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.) 15.07.2025 15.07.2025 Raj ni RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db4844 8ac3701a9ae475a2547e4b7f1d9b1f17d0 1342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4 DF4FC80D4557562F95BEBA013F530616 A158A0A878BD8, cn=RAJINI GUSAIN 7