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2026 DAILYLAW 10345 (UTT)

RADHA RANI v. STATE OF UTTARAKHAND

WPSS/2226/2026 · 2026-08-19

Pankaj Purohit

body2026

Judgment text

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UKHC010147332026 2026:UHC:7466 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/2226/2026 Radha Rani --Petitioner Versus State Of Uttarakhand & others --Respondents Hon'ble Pankaj Purohit, J. Mr. Abhishek Sati, learned Counsel for petitioner. 2. Mr. Narain Dutt, learned S.C. for the State. 3. Petitioner was initially appointed as Assistant Teacher in Govt. Primary School, Gadhkot, Narayanbagar, District Chamoli in the year 1997 after due selection. She was promoted as Headmistress on 22.05.2002; thereafter she was adjusted as Assistant Teacher (L.T. Grade) on 03.05.2010; benefit of Selection Grade (G.P. Rs.4800) was awarded to her w.e.f. 22.05.2012; and according to the petitioner, petitioner is entitled for grant of promotional pay scale w.e.f. 22.05.2024 on completion of 12 years’ service. The petitioner also moved an application in this regard but the same is still lying undecided. Hence this petition. 4. It is the case of petitioner that this issue was dealt with and decided by a Coordinate Bench of this Court in a bunch of petitioners, leading writ petition being Writ Petition No.602 of 2014 (S/S), Deep Chandra Badhani and others vs. State of Uttarakhand and others, decided on 11.04.2017. The said judgment was followed by another Coordinate Bench of this Court in another bunch of writ petitions, leading one being Writ Petition No.102 of 2019 (S/S) Gopal Singh Negi vs. State of Uttarakhand, as decided on 30.12.2020. On the strength of those judgments, he submits that the length of service rendered by the petitioner in selection pay-scale, which now happens UKHC010147332026 2026:UHC:7466 to be for a period of 12 years, she is entitled for benefit of promotional pay scale (Grade Pay of Rs.5400/-) w.e.f. 22.05.2024 in the light of judgment rendered in Writ Petition No.746 of 2015 (S/S) Smt. Manu Dhaundiyal and others vs. State of Uttarakhand and others. 5. Learned counsel for the petitioner submits that petitioner would be falling under the zone of consideration in view of the principles laid down in aforesaid two judgments and hence, her claim ought to have been favourably considered by the respondents. 6. Petitioner also moved representation dated 24.05.2024 for grant of promotional pay scale, but all went in vain. 7. Having considered the aforesaid situation, this petition is disposed of with a direction to the petitioner to make a fresh and detailed representation before respondent no.2-Additional Director of Education (Secondary), Garhwal Region, Pauri Disrict Pauri Garhwal within two weeks from the date of receipt of certified copy of this judgment. On receipt of such representation, respondent no.2 is directed to positively consider the request of petitioner for grant of promotional pay scale (G.P. Rs.5400/-) within a further period of two months keeping in mind the ratio of judgment pronounced by this Court, mentioned hereinabove as also considering the length of service rendered by her, and grant the same from the date of her entitlement. (Pankaj Purohit, J.) 19.08.2026 R.Dang RAJEEV DANG Digitally signed by RAJEEV DANG DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=963da6fc6df8dbb91944e0c58b9ed259ec3d800f419a1199f15a3961c8ca2957, postalCode=263001, st=UTTARAKHAND, serialNumber=63F6E663A1DD44892EED6B81F043D778B37D74D2DB7200F2DABC7ABCC1CA358D, cn=RAJEEV DANG Date: 2026.08.19 17:42:57 +05'30'