2025:UHC:6143-DB HIGH COURT OF UTTARAKHAND AT NAINITAL JUSTICE SHRI MANOJ KUMAR TIWARI AND JUSTICE SHRI SUBHASH UPADHYAY Writ Petition (S/B) No. 461 of 2016 15 July, 2025 Raj Narayan @ Raj Narayan Chaudhary --Petitioner Versus Director Of School Education Uttarakhand & Others --Respondents ------------------------------------------------------------------------------ Presence:- Mr. Bhagwat Mehra, Advocate for the petitioner. Mr. Sudhir Nainwal, Brief Holder for the State of Uttarakhand Mr. Rohit Kumar, Additional C.S.C. for State of U.P. ------------------------------------------------------------------------------ The Court made the following: JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari) 1. This writ petition was filed in 2016 seeking the following reliefs:- “(i) Issue a writ, order or direction in the nature of mandamus commanding/directing the rekspondents to fix the salary of the petitioner on the post of lecturer in selection grade on completion of 10 years service on 09.05.1998 and thereafter in super selection grade on completion of 22 years service on 09.05.2010 in the grade pay of Rs.6,600/- and pay the difference of salary on both the pay scales till the date of retirement i.e. on 31.03.2016 alongwith 18 % interest. 1 2025:UHC:6143-DB (ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent nos.1 to 4 to fix the pension of the petitioner, after fixing his salary giving the benefit of selection grade and super selection grade and regularly pay the pension to the petitioner. (iii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to pay the gratuity, group insurance and encashment of earn leave to the petitioner alongwith 18% interest and also other permissible benefits.” 2. According to the petitioner, he was appointed as Assistant Teacher (L.T. Grade) on adhoc basis, vide order dated 05.02.1983, and he joined duties as such in Government Higher Secondary School, Garsari, Pithoragarh on 21.02.1983; his services were subsequently regularized, vide order dated 13.01.1987 passed by Deputy Director of Education, Kumaun Division, Nainital; he was granted adhoc promotion as Lecturer (Biology), vide order dated 28.03.1988, and he was transferred to Government Inter College, Chakrata, Dehradun; he was thereafter transferred to Government Inter College, Thano where he served till 12.03.1991; thereafter he was sent on deputation in informal education project, Tarwa, Azamgarh and he 2 2025:UHC:6143-DB joined duties there on 14.08.1991 and ultimately he was transferred to Informal Education Project Office, Naugarh, Siddharthnagar, U.P. and served there till 31.03.2001. 3. It is the case of petitioner that the project of informal education was abolished and petitioner was to be taken back to his original post of Lecturer and since order of posting was not passed, therefore, he could not join anywhere and ultimately the Director, Education (Intermediate), U.P., wrote a letter dated 08.10.2004 to the Director of Education, Uttarakhand, requesting him to adjust the petitioner on the post of Lecturer; petitioner was ultimately relieved by District Basic Education Officer, Siddharthnagar, vide letter dated 02.05.2005 and the Additional Director of Education, Uttarakhand, vide letter dated 09.05.2005, permitted the petitioner to join on the vacant post of Lecturer (Biology) in Government Inter College, Hedakhan, District Nainital. Petitioner ultimately retired from service on 31.03.2016. 4. Petitioner has stated in the writ petition that salary for the period of March, 2001 to 09.05.2005 was 3 2025:UHC:6143-DB not paid to him and he had to file Writ Petition No.40595 of 2014 for salary before Hon’ble Allahabad High Court and the said writ petition is still pending. 5. Petitioner has staked claim for selection grade on the post of Lecturer, which according to him, became due upon completing 10 years’ service as Lecturer. He further contends that upon completion of 22 years’ service as Lecturer, he became entitled for super selection grade on 09.05.2010 but the said benefit has also not been given to him. 6. Mr. Gopal Mishra, Block Education Officer, Lotan, District Siddharthnagar, U.P. has filed counter affidavit on behalf of respondent nos.5 and 6, in which it is stated that Directorate of Basic Education, U.P. issued an advertisement dated 06.08.1988, inviting applications for appointment under Informal Education Project; appointment in the project was subject to certain conditions; as per condition no.6 it was compulsory for the selected candidate to work in the project for a period of 03 years, but on completion of project, all posts would automatically lapse and appointment on the said posts would be automatically 4 2025:UHC:6143-DB terminated without any other notice and the holder of the post will stand reverted back to his parent department. It is further stated that vide G.O. dated 24.03.2001, the Informal Education Project was closed, therefore, the petitioner should have reported back to his parent department, but he chose not to do so and he remained absent from duties from 01.03.2001 to 09.05.2005 without leave or information about his whereabouts; absence of the petitioner has been entered in his service book by the District Basic Education Officer, Sidharthnagar, U.P. 7. In the counter affidavit filed by Dr. P.N. Singh, Chief Education Officer, Udham Singh Nagar on behalf of respondent nos.1 and 3, the stand taken is that on 09.05.1998 when petitioner allegedly completed 10 years’ service as Lecturer, he was on deputation in State of U.P. and in the absence of his application for grant of selection grade, he was not granted the same. Regarding petitioner’s claim for super selection grade, it is stated that 12 years after the date of grant of selection grade, one becomes eligible for super selection grade, however, since petitioner was not granted selection grade and since 5 2025:UHC:6143-DB his services were not certified due to absence from duty between 01.03.2001 to 02.05.2005, he was not granted super selection grade. It is further stated that during the period petitioner was on deputation, District Basic Officer, Siddharthnagar, U.P. has recorded in the service book of petitioner that he was absent from 01.03.2001 to 02.05.2005 and his services have not been certified. 8. From the pleadings of the parties, as discussed above, it is revealed that there is some confusion between the authorities of Education Department of State of U.P. and State of Uttarakhand, which can only be resolved if the Director, Secondary Education of both the successor States are requested to hold a meeting to resolve the stalemate, which has resulted in withholding of legitimate monetary dues payable to the petitioner. 9. The issue of petitioner’s absence from duties from 01.03.2001 to 02.05.2005 shall also be considered and resolved in the said meeting. 10. In such view of the matter, we dispose of the 6 2025:UHC:6143-DB writ petition with direction to the Director, School Education, Uttarakhand and Director of Education, Secondary Education, U.P. (respondent nos.1 and 5) to nominate an Officer, not below the rank of Additional Director, who shall hold a meeting to resolve the issue relating to payment of monetary benefits to the petitioner and also the issue surrounding the alleged absence of the petitioner between 01.03.2001 to 02.05.2005, within six months from the date of production of certified copy of this order. 11. Secretary to School Education Department in both the successor States are also directed to pass necessary orders for giving effect to the decision taken in the meeting held pursuant to this order, if need be, within six weeks thereafter. For a period of eight months or till issue is resolved in the meeting held between the nominees of Directors of the two States, whichever is earlier, provisional pension shall continue to be paid to the petitioner. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 15.07.2025 15.07.2025 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 8ac3701a9ae475a2547e4b7f1d9b1f17d0 1342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4 DF4FC80D4557562F95BEBA013F530616 A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.07.18 13:42:31 +05'30'