IMPORTANT POINT
The court established that entitlement to promotional pay scales must consider length of service and prior judicial principles.

JUDGMENT :

PANKAJ PUROHIT, J.

1. Since common question of law and facts are involved in these writ petitions, therefore these are being heard and decided by this common judgment, however for the sake of brevity facts of WPSS No. 1837 of 2023 alone are being considered and discussed.

2. Initially the petitioner was appointed as Assistant Teacher, Primary School. Thereafter, his service was merged to the post of Assistant Teacher, (L.T.) Grade. He was granted selection grade on completion of 10 years of service. Thereafter he was given benefit of promotional pay scale, however the same has been withdrawn by the respondents without granting him any opportunity of hearing. The petitioner also retired on attaining the age of superannuation and his pension has been fixed on the lower pay scale. The representation made by the petitioner also could not get the desired result.

3. Feeling aggrieved, the petitioner has knocked the door of this Court seeking issuance of a writ in the nature of mandamus commanding the respondents to grant the petitioner promotional pay scale of grade pay Rs. 5400/-.

4. The petitioner has come up with the case in the present writ petition, that owing to the principles, which have been settled by the judgments rendered by this Court in a bunch of writ petition as decided by a Coordinate Bench with the leading writ petition being Writ Petition No. 602 of 2014 (S/S), Deep Chandra Badhani and others vs. State of Uttarakhand and others, as decided on 11.04.2017, which was later on also followed by yet another Coordinate Bench of this Court, in a bunch of writ petitions, with the leading writ petition being Writ Petition No. 102 of 2019 (S/S) Gopal Singh Negi vs. State of Uttarakhand, as decided on 30.12.2020, he submits that in view of the length of service, which has been rendered by the petitioner on selection pay-scale which now happens to be for a period of 12 years, he would be entitled to be granted, a promotional pay scale and the grade pay of Rs. 5400/- from the date of his entitlement, in the light of the judgment rendered in Writ Petition No. 746 of 2015 (S/S) Smt. Manu Dhaundiyal and others vs. State of Uttarakhand and others.

5. The further contention of the petitioner in the writ petition is that in fact, direction which was rendered by the aforesaid two judgments, has been complied with by the respondents and the benefit of the promotional pay scale and the grade pay, have already been granted to those petitioners.

6. The counsel for the petitioner submits that he would be falling within the zone of consideration, under the principles which had been laid down by the aforesaid two judgments and hence, his claim ought to have been favourably considered by the respondents.

7. Raising petitioner’s claim with regards to the grant of promotional pay scale and the grade pay considering the length of services, which has been rendered by the petitioner, learned counsel submits that petitioner has already approached the respondents by filing an application before the concerned authority but no decision as such, has been taken on the same hence there is a deprivation.

8. Having considered the aforesaid situation, it is hereby directed that the petitioner would file a fresh detail representation before the Additional Director of Education (Secondary), Garhwal Region, Pauri Disrict-Pauri Garhwal i.e. (respondent no. 3) herein within a period of two weeks from the date of receipt of certified copy of this judgment. The respondent no. 3 is directed to positively consider the aforesaid representation, so submitted by the petitioner, within a period of two months; the said respondent while deciding the representation will keep in mind the ratio of the judgment pronounced by this Court earlier, mentioned hereinabove, for the purpose of grant of promotional pay scale to the petitioner, carrying a grade pay of Rs. 5400/- considering the length of services which has been rendered by him and to grant the same to the petitioner f