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2025 DAILYLAW 17391 (UTT)

SUDHIR CHANDRA PANDEY v. STATE OF UTTARAKHAND

WPSS/2191/2025 · 2025-12-18

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:11348 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 2 1 8 5 / 2 0 2 5 w it h W PSS/ 2 1 8 7 / 2 0 2 5 W PSS/ 2 1 8 8 / 2 0 2 5 W PSS/ 2 1 8 9 / 2 0 2 5 W PSS/ 2 1 9 0 / 2 0 2 5 W PSS/ 2 1 9 1 / 2 0 2 5 W PSS/ 2 1 9 2 / 2 0 2 5 W PSS/ 2 1 9 3 / 2 0 2 5 W PSS/ 2 1 9 4 / 2 0 2 5 W PSS/ 2 1 9 5 / 2 0 2 5 W PSS/ 2 2 0 0 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J. Mr. Navnish Negi & Mr. Himanshu Aswal, Advocates for the petitioners. 2. Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand/ respondent nos. 1 to 3. 3. Since common questions of fact and law are involved in these petitions, therefore, they are clubbed together and are being heard & decided by a common judgment. However, for the sake of brevity, facts of Writ Petition (S/ S) No. 2185 of 2025 alone are being considered and discussed. 4. Petitioners in these writ petitions were initially given ad-hoc appointment as teacher in different Government Aided Institutions in the year 2009 and their 2025:UHC:11348 services were subsequently regularised on 17.11.2015. 5. According to the petitioners, the services rendered by them in ad-hoc capacity is liable to be counted for selection grade and other benefits in terms of Government Order dated 12.07.2002. Since, the benefit claimed by the petitioners is not being given to them, therefore, they have approached this Court seeking the following relief: - “(a) Issue a writ order direction in the nature of mandamus directing the official Respondent no 2 To grant the Selection Grade to the Petitioner in the light of Government Order No. 655/ Madhyamik/ 2002 Dated 12/ 7/ 2002 reckoning the Period of Satisfactory Services from their Respective date of Adhoc Appointment.” 6. Learned counsel for the petitioners rely upon a Division Bench Judgment, rendered in Special Appeal No. 223 of 2022. 7. Learned State Counsel, however, submits that the said judgment is distinguishable on facts, as it deals with Government teachers and not teachers of Government Aided Institutions. He refers to a Government Order dated 6.9.2019, which provides that services rendered as shiksha bandhu, ad-hoc or 2025:UHC:11348 daily wage basis or part time basis, shall not be taken into account for grant of selection grade. Learned State counsel further submits that petitioners have sought a writ of mandamus without making a formal demand before the authorities. 8. Learned counsel for the petitioners submits that petitioners be permitted to make fresh separate representation(s) and the competent authority be asked to take decision thereupon. 9. The writ petitions are, accordingly, disposed of with liberty to petitioners to make fresh separate representation(s) to the competent authority, within three weeks from today. If petitioners make such representation(s) within the stipulated time, the same shall be decided, as per law, within six months thereafter. ( Man oj Ku m ar Tiw ar i, J.) 18.12.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487d f006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8 75643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.12.18 18:24:22 +05'30'