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RITU BAHRI, RAKESH THAPLIYAL
State of Uttarakhand – Appellant
Versus
Dinesh Singh – Respondent
JUDGMENT :
(Ritu Bahri, CJ.) :
The appellants have come-up in Appeals against the judgment of the learned Single Judge dated 13th December, 2021 whereby a bunch of six writ petitions challenging the order dated 8th December, 2017 and the order dated 13th December, 2017 passed by the Principal Secretary and the Director of Education denying grant of the Selection Grade to the respondents-writ petitioners were set aside and the writ petitions were allowed.
2. Brief facts of the case are that the respondents-writ petitioners were initially appointed as “Shiksha Bandhu” in the year 2001. Vide order dated 31st January, 2006, they were granted ad hoc status and thereafter, they were placed in the Grade Pay of Rs. 650010500 as payable to the Lecturers (English) and this fact has not been disputed by any of the parties. The respondents-writ petitioners were claiming the benefit of Selection Grade consequent to grant of ad hoc status. The Selection Grade of Rs. 7500-12000 with Grade Pay of Rs. 5400/- was to be determined in view of the parameters laid down by the Government Order No. 655/Madhyamik/2002, dated 12th July, 2002.
3. The case of the respondents-writ petitioners is that as per the
Eligibility for Selection Grade is determined by the completion of ten years of service as a Primary Teacher, independent of regularization status.
The court held that the petitioner is entitled to the second selection grade based on service counted from the date of initial appointment, affirming the legality of benefits from that date.
Employees must receive selection grade benefits based on their actual length of service from the date of initial appointment, in accordance with governmental policy.
Continuing wrong exception to laches permits belated Selection Grade claim for pension benefits post-school closure absorption.
The main legal point established in the judgment is that the entitlement to selection/special grade for government employees is based on stagnation in the same post without promotion for a certain pe....
The main legal point established in the judgment is that the service rendered in an equivalent post should be taken into consideration for the award of Selection Grade, especially when the conversion....
The main legal point established is that the service period in an aided institution should be considered for the grant of Special Grade Pay as per G.O.Ms.No.992, Education Department, dated 22.06.197....
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