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2026 DAILYLAW 6974 (UTT)

VIRENDRA PRASAD NAUTIYAL v. STATE OF UTTARAKHAND

WPSB/17/2022 · 2026-06-12

Manoj Kumar Tiwari, Pankaj Purohit

body2026

Judgment text

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2026:UHC:4726-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/17/2022 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. Mr. C.K. Sharma, Advocate for the petitioners. Mr. S.S. Chaudhary, Standing Counsel for the State. Mr. Nitin Tiwari, Advocate for the respondent. 2. According to the petitioners, they were appointed in an unaided recognized Intermediate College, namely, Janta Inter College, Dev Nagar, Rudraprayag in the year 2004. The said institution was included in the grant-in-aid list vide Government Order dated 21.03.2011, and petitioners were absorbed against teaching/non- teaching posts created by State Government upon inclusion of the institution in grant-in-aid list. 3. Grievance of the petitioners is that services rendered by them in concerned institution before its inclusion in grant-in-aid list are not being considered for grant of selection grade and other benefits. 4. It is contended that since petitioners have served continuously in a recognized school since 2004, therefore they are entitled to selection grade in the year 2014 and thereafter promotional pay scale is also liable to be paid to them w.e.f. 2026:UHC:4726-DB 2026. 5. Reliefs sought in the writ petition are as follow: “i) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to grant the benefit of time scale after computing the 10 years of service from the date of their initial appointment and release all consequential a period as benefits without any delay within stipulated by this Hon'ble Court. ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to count the past services of the petitioners rendered prior to the institution being brought under the grant in aid and extend the benefit of old pension scheme to the writ petitioners.” 6. Mr. S.S. Chaudhary, learned State Counsel, however, submits that petitioners are fence- sitters; if petitioners were entitled to selection grade in 2014, then who prevented them from approaching this Court in time, as the writ petition was filed only in the year 2022. 7. He relies upon Clause (13) of Government Order dated 06.09.2019, which provides that the requisite service for grant of selection grade shall be counted from date of inclusion of a recognized school in the grant-in-aid list or date of appointment of concerned teacher, whichever is later. 8. He further submits that ministerial employees serving in Government aided institutions are not entitled to benefit of selection 2026:UHC:4726-DB grade and promotional pay scale, and they are entitled only for ACP. Thus he submits that since some of the petitioners in the present writ petition are serving on non-teaching post, therefore they are not entitled to any benefit as claimed for. 9. Learned counsel for the petitioners, however, submits that other similarly situate persons like the petitioners were given benefit of their entire services for grant of selection grade. Thus, he submits that petitioners cannot be treated differently. 10. Without going into the merit of the contentions raised by learned counsels for the parties, this Court thinks that ends of justice would be me if petitioners are permitted to make a formal demand before the competent authority. 11. The writ petition is, accordingly, disposed of with liberty to petitioners to make separate representation to the competent authority. If petitioners make such representation within two weeks from today, decision thereupon shall be taken by competent authority, as per law, within four months thereafter. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 12.06.2026 Mahinder/ 2026:UHC:4726-DB