Mohhmad Imran vs State Of Uttarakhand And Others

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of this writ petition, petitioner has sought a direction to the respondent no.5 to pay or release the amount of arrears of selection grade w.e.f. 02.04.2015 to 31.12.2020 to the petitioner, pursuant to the order dated 29.06.2020, passed by the District Education Officer, Nainital and further to release the amount of arrears of amended pay of the post of Head Master between the period 19.02.2021 to 30.04.2021.

It is the case of the petitioner that petitioner is posted as Assistant Teacher in Government Primary School, Kharki, Block Bhimtal, District Nainital. Petitioner after completion of satisfactory and continuous service of 10 years was granted grade pay of Rs.4600/- vide order dated 29.06.2020 and after 01.01.2021, the petitioner is getting the salary on the grade pay of Rs.4600/-, but the grievance of the petitioner in the present writ petition is that the petitioner has not been paid benefits of selection grade from the date of his entitlement i.e. 02.04.2015, from which date it was sanctioned.

On the last occasion, learned State Counsel was directed to seek instructions in the matter as to why the benefits of selection grade of the petitioner is not being given to him from the date of his entitlement i.e. 02.04.2015.

Today, learned State Counsel passed on written instructions dated 11.07.2024, under the hand of Deputy Education Officer (Primary Education) Nainital, which are taken on record. On instructions, learned State Counsel submits that petitioner shall be given the arrears of grade pay from the date of his entitlement i.e. 02.04.2015 as per law. He also submits that the selection grade was not paid to the petitioner from the date of his entitlement despite orders for the reason that at that time there is no budget available with the respondent-department and now, since the budget has been made available, the entire arrears of the salary of the petitioner shall be paid to him.

In view of the statement made by learned State Counsel and on the basis of the instructions dated 11.07.2024, the writ petition is disposed of finally and the respondent no.4 i.e. District Education Officer, Elementary Education, Block Bhimtal, District Nainital is directed to pay the benefits of grade pay of Rs.4600/- (Selection Grade) of the petitioner from the date of his entitlement i.e. 02.04.2015 and the arrears thereof be paid to the petitioner, as per his entitlement, immediately, within a period of six weeks from the date of passing of this order.

No order as to costs.

Pending application, if any, stands disposed of accordingly.