2025:UHC:5353-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA 593/2018 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. P.S. Bisht, Additional CSC, for the State/appellants. (2) For the reasons indicated in the delay condonation application (CLMA/10931/2018), the same is allowed. Delay in filing this special appeal is condoned. (3) This special appeal is directed against judgment dated 27.3.2017, rendered by learned Single Judge in Writ Petition (S/S) No. 1955 of 2015. Operative portion of the impugned judgment is reproduced below: “The petitioners are working as Assistant Teachers in Junior High School from various dates, as mentioned in the petition. The institution, where the petitioners were initially appointed was recognized by the State Government as “B” Category and thereafter, was recognised as “A” Category. The Grant-In-Aid Rules were made applicable to this Institution from 2005 & 2007. It would be apt to submit at this stage that the District Education Officer has sanctioned the posts. Thereafter, the posts were advertised in accordance with law. The suitability of the petitioners was adjudged by the duly constituted Selection Committee. Thereafter, appointment of the petitioners was duly approved by the District Education Officer. The petitioners have worked continuously without any break for more than 10 years and were eligible for time scale. The denial to the petitioners of the time scale purportedly is that the institutions, where the petitioners are serving, started getting grant-in-aid only w.e.f. 2005 and 2007. This issue has been clarified by the Director, Primary Education, at Page No. 84 to the writ petition. He has also sent reminder to the State Government to this effect. The fact of the matter is that in six districts throughout the State of Uttarakhand, the similarly situate Teachers have been granted time scale immediately after 2025:UHC:5353-DB completion of 10 years’ qualifying service. It has also come on record that the salaries of the petitioners were fixed by taking into consideration their entire length of service from the date of their initial appointment and not from the date, when the institution was granted grant in aid. The action of the respondents denying the time scale to the petitioners at par with other Assistant Teachers serving in these six districts is illegal, arbitrary and unreasonable. Thus, violative of Articles 14 and 16 of the Constitution of India and the equal cannot be treated unequally. Accordingly, the all the writ petitions are allowed. The respondents are directed to release time scale to the petitioners from their initial date of appointment within a period of eight weeks from today along with arrears. The petitioners are also entitled to interest @ 9% per annum. It is made clear that if the arrears are not released, the petitioners shall be entitled to interest @18% per annum.” (4) Mr. P.S. Bisht, learned State Counsel for the appellants, submits that vide judgment dated 30.8.2018, rendered by coordinate Bench in Special Appeal No. 279 of 2018 and other connected matters, identical issue was decided in favour of teachers serving in government aided primary schools. He further submits that impugned judgment has been complied with, therefore appeal be dismissed as withdrawn. (5) Written instructions, received by Mr. P.S. Bisht from Director, Elementary Education, produced in the Court is taken on record. (6) In view of the statement made by learned State Counsel, based on written instructions, this special appeal is dismissed as withdrawn. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 25.06.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab19 8d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6F CA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.06.25 17:47:25 +05'30' 2025:UHC:5353-DB