Disposed

Prayag Dutt Joshi v. State of Uttarakhand

Uttarakhand HC6 Sept 2023WPSS/1657/2023

Case brief

AI extract

What is this about?

Petitioners, retired Class-IV employees, sought a writ directing the State to decide their representation concerning the counting of pre-government service for selection grade eligibility. The court directed the respondent to decide the representation within three months.

What did the court decide?

Direction to respondent to consider and decide petitioners' representation within three months.

SL.
No

Date

Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

WPSS No. 1657 of 2023
Hon’ble Pank aj Pu r oh it , J.
Mr. Lalit Samant, Advocate for the
petitioners.

(2) Mr. R.C. Joshi, Brief Holder for the
State.

(3)
Heard
learned
counsel
for
the
parties.

(4) By means of this writ petition,
petitioners have sought the following
relief:

“i. Issue a writ order or direction in the
nature of mandamus directing to the
respondent no.2 to decide representation
dated
28.03.2023
( con t ain ed
as
**An n ex u r e No.7 t o t h e w r it pet it ion )**of
the petitioners within stipulated time
framed by Hon’ble High Court.”

(5) Petitioners
were
Class-IV
employees, who retired on 31.03.2018
and 31.03.2013 respectively. It is not in
dispute that they were initially appointed
in the Schools run by Basic Education
Board,
however,
after
State
Re-
organization, the employees of Basic
Education Board acquired the status of
Government Servant under Section 58 of
Uttarakhand School Education Act. Thus,
petitioners
enjoyed
the
status
of
Government Servant.

(6) According
to
petitioners,
the
services
rendered
by
them
before

acquiring
status
of
a
Government
Servant
has
to
be
counted
for

determining eligibility for selection
grade, A.C.P. etc. It is further their contention that some similarly situate persons have been granted the benefit of selection grade, A.C.P. etc. pursuant to judgments rendered by this Court, however, petitioners have not been paid any such benefit, although they are similarly situated.
(7) Learned Brief Holder fairly submits that since representation made by
petitioners is said to be pending, therefore, the Competent Authority shall take decision thereupon, within three months.
(8) Accordingly, the writ petition is disposed off with a direction to respondent no.2 to consider and decide petitioners’ representation (annexed as Annexure No.7 to the writ petition) within a period of three months’ from the date of production of certified copy of this order alongwith copy of representation. ( Pan k aj Pu r oh it , J.) 06.09.2023 PN

determining
eligibility
for
selection

grade, A.C.P. etc. It is further their
contention that some similarly situate
persons have been granted the benefit of
selection grade, A.C.P. etc. pursuant to
judgments
rendered
by
this
Court,
however, petitioners have not been paid
any such benefit, although they are
similarly situated.

(7) Learned Brief Holder fairly submits
that
since
representation
made
by

petitioners
is
said
to
be
pending,
therefore, the Competent Authority shall
take decision thereupon, within three
months.

(8) Accordingly, the writ petition is
disposed
off
with
a
direction
to
respondent no.2 to consider and decide
petitioners’ representation (annexed as
Annexure No.7 to the writ petition)
within a period of three months’ from the
date of production of certified copy of
this
order
alongwith
copy
of
representation.
( Pan k aj Pu r oh it , J.)
06.09.2023
PN

Prayag Dutt Joshi v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Prayag Dutt Joshi v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

What the court decided

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