2025:UHC:6336-DB HIGH COURT OF UTTARAKHAND AT NAINITAL JUSTICE SHRI MANOJ KUMAR TIWARI AND JUSTICE SHRI SUBHASH UPADHYAY Writ Petition (S/B) No. 558 of 2017 21 July, 2025 Panna Lal Diwakar --Petitioner Versus State of Uttarakhand & Others --Respondents --------------------------------------------------------------------------------- Presence:- Mr. Shrikant Purohit, Advocate for the petitioner Mr. Puran Singh Bisht, Additional C.S.C. for the State/respondents --------------------------------------------------------------------------------- The Court made the following: JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari) 1. Petitioner was appointed as Lecturer in a Government Intermediate College on 24.01.1990. He was promoted as Headmaster, Government High School w.e.f. 15.07.2000 and thereafter he was promoted as Principal, Government Intermediate College w.e.f. 15.10.2004. He retired from service on 31.03.2016. After his retirement, petitioner filed Writ Petition (S/B) No.452 of 2016, which was disposed of on 21.11.2016 with a direction to Secretary, School Education, to take decision on petitioner’s representation within two months. Pursuant to the order passed in the said writ petition, In-charge 1 2025:UHC:6336-DB Secretary, Education Department has passed an order on 26.07.2017, whereby representation of the petitioner was rejected. Thus, feeling aggrieved, petitioner has filed this writ petition, challenging the order passed by In-charge Secretary, referred to above. He has also sought a mandamus to the respondents to grant him benefit of ACP as enunciated in G.O. dated 28.02.2009, as amended from time to time. 2. In para-8 of the impugned order dated 26.07.2017, it is mentioned that the post of Principal to which petitioner was promoted on 15.10.2004 was in the pay scale of ₹ 8000-13500, which was equivalent to grade pay ₹ 5400, which was upgraded to ₹ 10000-15200 and the benefit of upgraded pay scale was given notionally w.e.f. 01.01.1996 and actual benefit was payable to Principals w.e.f. 01.07.2001; thereafter, the pay scale of teachers was again upgraded in terms of recommendations made by the Sixth Central Pay Commission and in pursuance thereof, vide order dated 01.03.2009 issued by the State Government the pay scale of Principal, Government Intermediate College was again upgraded from ₹ 10000-15200 grade pay ₹ 6600 to ₹ 12000-16500 with grade pay of ₹ 7600. 2 2025:UHC:6336-DB 3. Learned State Counsel submits that before the last upgradation of pay scale of Principal, Government Intermediate College, Principals were getting grade pay of ₹ 6600, however, after upgradation of pay scale w.e.f. 01.03.2009, their grade pay became ₹ 7600. Thus, he submits that since the pay scale of Principals was upgraded twice, initially w.e.f. 01.01.1996 and again from 01.03.2009, therefore, the claim staked by the petitioner for benefit of ACP, is misplaced. 4. Learned State Counsel has drawn attention of this Court to paragraph nos. 4 and 5 of the counter affidavit filed by Mr. S. B. Joshi, Chief Education Officer, Dehradun on behalf of respondent nos.3 and 4. Paragraph nos. 4 and 5 of the counter affidavit are quoted hereunder:- “4. That it is pertinent to state here that Uttaranchal Educational (General Education Cadre) Service Rules had been notified on 19.10.2006, where the pay scale of the Principal, Government Inter College, had been fixed at 1000-15200, which was a promotional post as per the Rules. It is stated that vide G.O. dated 20.11.2006 the sanction for upgrading the pay scale of the Principal from 8000-13500 to 10000-15200 was granted. It is stated that thereafter the sanction for the implementation for the recommendations of the 6th Pay Commission was given vide G.O. dated 17.10.2008 and 13.02.2009. It is 3 2025:UHC:6336-DB further relevant to state that, in similarity to the Central Government Teacher, vide G.O. dated 01.03.2009 the teacher of the Secondary Schools were sanctioned the benefit of Upgraded Pay Scale w.e.f. 01.04.2009, in the following manner:- Serial No. Teacher Present Pay/Grade Pay Upgraded Pay Scale/Grade Correspondi ng Pay Scale Corresponding Grade Pay 01 L.T. Teacher (A) Pay Scale (B) Selection Pay Scale (C) Promotional Pay Scale 5500-9000 6500-10500 7500-12000 Grade-III 7450-11500 Grade-II 7500-12000 Grade-I 8000-13500 Salary Band – 2 Salary Band-2 Salary Band-2 4600 4800 5400 02 Lecturer (A) Pay Scale (B) Selection Payscale (C) Promotional Pay Scale 6500-10500 7500-12000 8000-13500 Grade-III 7500-12000 Grade-II 8000-13500 Grade-I 10000-15200 Salary Band-2 Salary Band-3 Salary Band-3 4800 5400 6600 03 Head Master (A) Pay Scale (B) Selection Payscale 7500-12000 8000-13500 Grade-II 8000-13500 Grade-II 10000-15200 Salary Band-3 Salary Band-3 5400 6600 04 Principal 10000-15200 12000-16500 Salary Band-3 7600 5. It is stated that the aforesaid G.O. dated 01.03.2009 provided that the teaching staff was being recommended the Higher Pay Scale as compared to the non teaching employees and para 2 (4) provided for separate constitution of educational and administrative cadres. It is stated that vide G.O. dated 14.06.2011 the educational and administrative cadres were separated and the posts of the Head Master, Government High School, and the Principal, Government Inter College, came within the educational cadre. It is further stated that vide G.O. dated 26.06.2012 the incumbents were allocated the respective cadre for which they have opted, between Administrative and Educational Cadre, and the petitioner had opted for the educational cadre. It was further specified in the aforesaid G.O. that those persons who had not exercised any option would be automatically treated to be in Educational cadre. It is further stated 4 2025:UHC:6336-DB that the persons selected by the U.P. Public Service Commission for the vacancies of the year 1997, who had opted for the Administrative cadre, had been given the post of Block Education Officer and the post held by the petitioner cannot be compared with the aforesaid posts since the petitioner belongs to educational cadre. It is relevant to state here that in the Government Order dated 01.03.2009, cited above, there is no provision for selection pay scale for the Principal, Government Inter College. It is also stated that the Government Order dated 08.03.2011, regarding the grant of A.C.P., also provides for such benefit on certain conditions limited to only 3 financial upgradations.” 5. He submits that the subsequent G.O. dated 08.03.2011 also provides for only 3 financial upgradations while petitioner has received more than 3 financial upgradations during his entire service career. 6. Regarding the averment made in para 21 of the writ petition, learned State Counsel submits that a Government Order was issued on 07.07.2014 in which it was provided that such officers of Education Department, who are absorbed on a higher post then what they were holding earlier, shall continue to discharge duties as In- charge, however, they shall not be given any additional monetary benefits for discharging duties of the higher post. State Counsel refers to clause 2(4) of the said G.O. dated 07.07.2014 and submits that it provides that 5 2025:UHC:6336-DB persons who are holding a higher post but are absorbed on a lower post, will be entitled to salary and other monetary benefits for the posts to which they were substantively appointed. In other words, he submits that the employees who are absorbed on a subordinate post, their pay shall be protected and shall not be reduced on account of absorption on a lower post. Thus, he submits that Mr. Nagendra Singh Barthwal and Mr. Uma Dutt Goswami were given benefit of clause 2(4) of G.O. dated 07.04.2014. 7. Assured Career Progression (ACP) Scheme was introduced to compensate State employees from stagnation on a post for want of promotional avenues and it was decided that even if there is no promotional avenues, available to a holder of a post, then also he will get minimum 3 financial upgradations. In the present case, petitioner was promoted twice, first as Head Master, Government High School and thereafter as Principal, Government Intermediate College. After his promotion as Principal, Government Intermediate College, petitioner was given two further financial upgradations in view of the decision taken by the State Government to maintain parity in pay scales of teachers including principals and 6 2025:UHC:6336-DB the members serving in the Central Government. Thus, the claim raised by the petitioner for further financial upgradation appears to be not based on the policy applicable to State employees. A government servant can claim a benefit, which is admissible to him/her, as per Rules or as per Government Policy. Since petitioner has not been able to show any Rule/Policy, which has been violated in his case, therefore, we do not find any reason to interfere in the mater. 8. Accordingly, writ petition fails and the same is hereby dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 21.07.2025 21.07.2025 Rajni 7 RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db4844 8ac3701a9ae475a2547e4b7f1d9b1f17d 01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4 DF4FC80D4557562F95BEBA013F530616 A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.07.30 12:08:44 +05'30'