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2025 Supreme(Online)(UK) 1017173

HIGH COURT OF UTTARAKHAND
SANJEEV DEVATH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPSS 2204 / 2022



Office Notes, reports, orders SL. or proceedings or Date COURT’S OR JUDGE’S ORDERS No. directions and Registrar’s order with Signatures WPSS/ 2204/ 2022 Hon’ble Manoj Kumar Tiwari, J.

Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Shubhang Dobhal, Advocate for the petitioners. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State.

2. Petitioners were appointed as PTA teacher in different Government aided Intermediate Colleges within District Udham Singh Nagar; petitioner No. 1 was so appointed as Assistant Teacher (Mathematics) in Janta Inter College, Rudrapur w.e.f. 01.07.2011, while petitioner No. 2 was appointed as Assistant Teacher (Sanskrit) w.e.f. 10.04.2015 in Rana Pratap Inter College, Khatima, District Udham Singh Nagar.

3. Appointment of both petitioners as PTA teacher was approved of Chief Education Officer, Udham Singh Nagar, vide order dated 30.08.2018 for payment of honorarium from public exchequer in terms of G.O. dated 21.12.2016. Since honorarium from State exchequer was not paid to petitioners, therefore they earlier filed Writ Petition No. 93 of 2020 (SS). The said writ petition was decided by this Court vide order dated 28.06.2022. Relevant extract of the said judgment is reproduced below:

“Learned Senior Counsel appearing for the petitioners submits that the Chief Education Officer, Udham Singh Nagar had granted approval for grant of honorarium to petitioners, vide order dated

30.08.2018, however, the said order was subsequently cancelled. A counter affidavit has been filed. The stand taken by respondent nos. 2 & 3 is that petitioners are not qualified to be appointed as L.T. Grade Teacher, as they did not qualify TET-II qualification, which is necessary for appointment as Assistant Teacher L.T. Grade.

Learned senior counsel appearing for the petitioners, however,

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