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Judgment
Hon’ble Pankaj Purohit, J.
Petitioner, by the present writ petition has prayed the following reliefs:-
“(i)Issue a writ, order or direction in the nature of certiorari calling the record and quashing the order dated 11.08.2026 passed by the Additional Director of Education, ¼ek0f”k0½] Garhwal Division Pauri (contained in Annexure No.5, page No.44, 45 to the writ petition) (serial no.4 qua the petitioner only).
(ii)Issue a writ order or direction in nature of mandamus directing and commanding the respondents to grant the promoted Pay Scale (Grade Pay of Rs.5400/-) arrear with interest to the petitioner from the date entitlement dated 18.11.2025 as disclosed in paragraph no.7 of the writ petition.”
It is contended by the petitioner that petitioner was working as an Assistant Teacher (L.T. Grade) in Government Higher Secondary School, Lamridhar (Jakhnidhar), District Tehri Garhwal. Petitioner claimed that he was not given the promotional grade despite having been sanctioned the selection grade in the year 2013, therefore, his entitlement for promotional grade is from 18.11.2025. Petitioner has submitted a representation for grant of promotional pay scale to the respondent-Additional Director, Secondary Education, Garhwal Division, Pauri, which was forwarded by the Principal of the Institution on 26.11.2025, and the said representation of the petitioner was rejected by the Additional Director, Secondary Education, Garhwal Division, Pauri, vide order dated 11.08.2026, annexure-5 to the writ petition, saying that there is no provision to grant the promotional pay scale to the petitioner.
Learned counsel for the petitioner submits that the controversy has no longer remained res integra, as the same has been set at rest by this Court by passing several orders, and the matter of the petitioner is also covered by one of the writ petitions in which a similar order has been passed, i.e., WPSS No.1477 of 2026, Bikram Singh Negi & others vs. State of Uttarakhand & others, dated 17.06.2026, and the case of the petitioner is also squarely covered by the said judgment. Therefore, denial on the part of the respondent-Additional Director, Secondary Education, Garhwal Division, Pauri, is totally illegal, arbitrary and unreasonable and suffers from violation of the mandate of Articles 14, 16 & 21 of the Constitution of India.
This Court, vide order dated 01.09.2026, asked the State to get instructions in the matter as to whether the case of the petitioner is squarely covered by the judgment in the case of Bikram Singh Negi (Supra) or not.
Today, learned State Counsel supplied the instructions dated 01.09.2026 to the Court, which are taken on record. On instructions, he submits that the matter is squarely covered by the aforesaid judgment, i.e. Bikram Singh Negi (Supra).
In such view of the matter, the writ petition is allowed in terms of the judgment in the case of Bikram Singh Negi (Supra). The order dated 11.08.2026 is hereby quashed qua the petitioner. Respondent-Additional Director, Secondary Education, Garhwal Division, Pauri, is directed to grant promotional pay scale, i.e., Grade Pay of Rs.5400/-, to the petitioner along with arrears w.e.f. the date of his entitlement, i.e., 18.11.2025.
Pending application, if any, stands disposed of accordingly.