The court emphasized that the denial of promotion pay scale to the petitioners based on their past services was unsustainable and directed the Competent Authority to consider their claim in the light of applicable government policy within a specific time frame.

JUDGMENT :

1. Heard learned counsel for the parties.

2. Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of Writ Petition (S/S) No. 1094 of 2022 alone are being considered.

3. By means of this writ petition, petitioners have sought the following reliefs:-

“I. Issue a writ, order or direction in the nature of certiorari, calling for record and to quash the letter dated 12.11.2020 issued by the respondent no. 2 (Annexure No. 11).

II. Issue a writ order or direction in the nature of mandamus, commanding and directing, the respondents to grant the benefit of promotional pay scale (Grade Pay of Rs. 5400/-) to the petitioners with effect from the date, when petitioner become eligible for the Promotional pay scale, details of date are given in Paragraph 9 of the writ petition, along with exemplary interest and its arrears.

4. Petitioners were appointed as Assistant Teacher in Junior Basic or Primary Schools run by Basic Education Board between the year 1987-1995 and they were employees of Basic Education Board, established under U.P. Basic Education Act, 1972. Subsequently, they were promoted to the next higher post of Head Master, Junior Basic School/Assistant Teacher, Senior Basic School, on different dates. Petitioners retained their status as teachers of Basic Education Board till enforcement of Uttarakhand School Education Act, 2006 and they became State employee, by virtue of provision contained in Section 58 of the aforesaid Act, which reads as under:-

“58. The services of teachers and employees of Basic Shiksha Parishad to be under the control of State Government - All the teachers, officers and employees of Basic Shiksha Parishad, including any supervising or inspecting officer or employee working immediately before the date of the commencement of this Act, shall be transferred to the State Government and they shall become teachers, officers and employees of the State Government and their services shall be governed by the service rules prescribed by the State Government.”

5. Petitioners are aggrieved by denial of benefit of promotion pay scale to them. According to them, their past services rendered in schools run by Basic Education Board should be taken into account while considering their eligibility for promotion pay scale, which is granted to teachers of Secondary Schools, in terms of Government Order dated 12.07.2002. The said Government Order provides that teachers of Secondary Schools shall be granted selection grade of pay, upon completion of ten years of satisfactory service in the ordinary grade and promotion pay scale shall be granted to teachers of Secondary Schools after completing 12 years after grant of selection grade. It further provides that promotion pay scale shall be granted to L.T. Grade Teachers, only when they have acquired Post Graduate Qualification. It further provides that benefit of selection grade of pay/promotion pay scale shall be payable only to such teacher who has not been promoted, and if someone declines to accept promotion when offered, he shall not be entitled to selection grade/ promotion pay scale.

6. Petitioners are challenging the decision taken by Regional Additional Director (Secondary Education), Nainital, which was communicated to Chief Education Officer, Almora, vide letter dated 12.11.2020 . In the said letter, while dealing with representation made by a similarly situate person, it was held by referring to paragraph no. 4 of Government Order dated 12.07.2002 that, since selection grade/promotion pay scale is given in lieu of promotion and seniority of Basic School Teachers in the cadre of L.T. Grade Teacher has to be reckoned only from the date of their adjustment/promotion in the cadre of L.T. Grade Teacher, therefore, teachers of Basic Schools are entitled to benefit of selection grade/promotion pay scale, only from the date