IMPORTANT POINT
The State is legally bound to fulfill its commitments regarding employment and salary payments to teachers once an educational institution is included in the grant-in-aid list under the Uttarakhand Education Act 2006.

JUDGMENT :

Pankaj Purohit, J.

By means of this writ petition, petitioners have sought the indulgence of this Court in the nature of mandamus commanding the respondents to absorb their services on the post of Assistant Teacher (L.T. Grade) from the date the institute has been take on grant in aid and further commanding and directing the respondents to pay their salary from the date of taking the institution in grant in aid.

2. The brief facts of the case are that the petitioner Nos.1 and 2 participated in the selection process and were selected on the post of Assistant Teacher, (L.T. Grade), English and Physical Education respectively and the approval of the aforesaid selection was granted by the respondent No.3-Chief Education Officer, Nainital and accordingly, appointment letters were issued to the petitioner No.1 & 2 on 07.11.2015 and 09.11.2015 respectively. Similarly, an advertisement was published on 08.08.2003 in daily news paper Daily Jagran inviting applications for the post Assistant Teacher, (L.T. Grade), Hindi, in which, petitioner No.3 appeared and was selected by the Managing Committee and the appointment letter dated 30.08.2003 was issued. A Government Order was issued on 04.03.2014, taking 21 institutions under the grant-in-aid of the State Government including Hat Kalika Inter College Bindukhatta, Lalkuan District Nainital and consequently, one post of Principal and the post of Assistant Teacher (L.T. Grade) were also sanctioned. On 01.02.2016, another Government Order was issued, in which the State Government has decided to provide the grant for the financial year 2015-16 and for certain schools, it was provided that the grant shall be sanctioned after the sanction of the post and the token grant was provided. On 23.12.2016, another Government Order was issued granting token grant of Rs.2,00,000/- to Hat Kalika Inter College Bindukhatta, Lalkuan, District Nainital. The institution is already under full grant but the salary has not been released by the State Government.

3. Learned counsel for the petitioners submits that the similar controversy has come up for consideration before this Court in writ petition No.1820 of 2017 (M/S) and this Court has been pleased to hold that in view of the Section 50 of the Uttarakhand Education Act 2006, the moment the institute is taken into grant-in-aid list on the orders passed by Executive Head of the State Government, the State cannot back track on its commitments and its orders. The appeal filed against the orders passed in writ petition No.1820 of 2017 (M/S) has also been dismissed on merit on 06.08.2018 and since, no further appeal was filed, the judgment has attained the finality.

4. On the last date i.e.14.03.2024 learned State Counsel was directed to get instructions as to whether the matter is squarely covered by the judgment and order dated 06.08.2018 passed by a Coordinate Bench of this Court or not.

5. Today, learned State Counsel submits written instruction at Bar, the same is taken on record. According to the said written instruction, learned State Counsel submits that the matter is squarely covered by the judgment and order dated 06.08.2018 passed by a Coordinate Bench of this Court in WPMS No.1820 of 2017.

6. In such view of the matter, writ petition is allowed in terms of the judgment and order dated 06.08.2018 passed by a Coordinate Bench of this Court in WPMS No.1820 of 2017.

7. Pending application(s), if any, stands disposed of accordingly.