PANKAJ PUROHIT
Mahipal Singh Aswal – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
(Pankaj Purohit, J.) :
Heard learned counsel for the parties.
2. The petitioners are retired Assistant Teachers of Government Primary School in the State of Uttarakhand. Most of them retired between 2010 to 2015 after putting in approximately 40 years of service in the respondent-Education Department. Before creation of State of Uttarakhand, the petitioners were working under the U.P. Basic Shiskha Parishad, but after creation of State of Uttarakhand on 09.11.2000, services of the petitioners were transferred to State of Uttarakhand. In the year 2006, an enactment namely Uttarakhand School Education Act, 2006 (hereinafter referred to as “Act of 2006”) was passed and the said Act of 2006 came into force with effect from 22.04.2006. By virtue of Section 58 of the aforesaid Act of 2006, petitioners became Government Servants in the State of Uttarakhand.
3. Section 58 of the aforesaid Act of 2006 is quoted hereinbelow:-
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