Rajpal Singh & Ors. vs State Of Uttarakhand & Ors.

Hon’ble Pankaj Purohit, J.

By means of this writ petition, petitioners have sought the indulgence of this Court commanding the respondents to forthwith grant the Promotion Pay Scale (Grade Pay of Rs.5400/-) to the petitioners from due date, along with arrears of the same.

Petitioners have come up with the case in the present writ petition, that owing to the principles, which have been settled by the judgments rendered by this Court in a bunch of writ petition as decided by the Coordinate Bench with the leading writ petition being Writ Petition No.602 of 2014 (S/S), Deep Chandra Badhani and others vs. State of Uttarakhand and others, as decided on 11.04.2017, which was later on also followed by yet another Coordinate Bench of this Court, in a bunch of writ petitions, with the leading writ petition being Writ Petition No.102 of 2019 (S/S) Gopal Singh Negi vs. State of Uttarakhand, as decided on 30.12.2020, he submits that in view of the length of services, which has been rendered by the petitioners, which now happens to be for a period of around 12 years, they would be entitled to be granted promotional pay scale having grade pay of Rs.5400/- from the date of their respective entitlement in the light of judgment rendered in Writ Petition No.746 of 2015 (S/S) Smt. Manu Dhaundiyal and others vs. State of Uttarakhand and others.

The contention of the petitioners in the writ petition is that in fact, compliance of principal direction, pursuant to aforesaid two judgments, has been made by the respondents, and the benefit of promotional pay scale and the grade pay have already been granted to those petitioners.

The counsel for the petitioners submits that present petitioners would be falling within the zone of consideration under the principles which was laid down by the aforesaid two judgments and hence, their claim ought to have been favourably considered by the respondents.

Raising petitioners’ claim with regards to the grant of promotional pay scale and the grade pay, considering the length of services which has been rendered by the petitioners, learned counsel submits that petitioners have already approached the respondents by filing an application before the concerned authority but no decision as such, has been taken on the same hence there is a deprivation.

Learned State Counsel has passed on to this Court the instructions dated 07.08.2026, in which, it has been mentioned by the Additional Director (Secondary Education), Garhwal Region Pauri that the case of present petitioners is akin to that of petitioners in WPSS No.602 of 2014, Deep Chandra Bhadhani vs. State of Uttarakhand & others. In view of such instructions, learned State Counsel fairly concedes that the present petition is squarely covered by aforesaid judgments relied upon by the learned counsel for the petitioners.

Having considered the aforesaid situation, it is hereby directed that the petitioners would file a fresh detailed representation(s) before the Additional Director of Secondary Education, Kumaon/Garhwal Division, Nainital/Pauri i.e. (respondent nos.3 & 4) within a period of ten days’ from the date of receipt of certified copy of this judgment. Respondent nos.3 & 4, herein are directed to positively consider the aforesaid representation(s) to be submitted by the petitioners, within a period of two months thereafter; the said respondents while deciding the representation(s) will keep in mind the ratio of the judgment pronounced by this Court earlier, mentioned hereinabove, for the purposes of grant of promotional pay scale to the petitioners, carrying a grade pay of Rs.5400/- considering the length of services which has been rendered by them.

Subject to the aforesaid directions, the writ petition stands disposed of.

Pending application, if any, stands disposed of accordingly.