Research › Search › Judgment

Uttarakhand High Court · body

2016 DIGILAW 568 (UTT)

State of Uttarakhand v. Gopal Ram Uniyal

2016-09-14

K.M.JOSEPH, V.K.BIST

body2016
JUDGMENT : V.K. Bist, J. There is 201 days’ delay in filing the SPA No. 664 of 2015 and 207 days’ delay in filing the SPA No. 666 of 2015. The Delay Condonation Applications, being unopposed by the learned counsel for the respondents, are allowed. 2. These two special appeals have been preferred against the judgment and order dated 27.04.2015 passed by the learned Single Judge in Writ Petition (M/S) No. 150 of 2010 filed by THDC Education Management Board and Writ Petition (S/S) No. 148 of 2010 filed by Shri Gopal Ram Uniyal, whereby the writ petitions were allowed and the order dated 22.10.2009 was quashed. (Hereinafter the petitioner in Writ Petition (S/S) No. 148 of 2010 is referred as “the petitioner” and petitioner in Writ Petition (M/S) No. 150 of 2010 is referred as “THDC Education Management Board).” The learned Single Judge directed the appellants to merge/absorb the services of the petitioner in the provincial school with effect from the provincialization of the school. Appellants were further directed to release the salary in favour of the petitioner within ninety days from that day. 3. The petitioner was appointed as Assistant Teacher (Primary). Subsequently, the post of Assistant Teacher (Primary) was declared dying cadre in the State and all the teachers working as Assistant Teacher (Primary) were directed to be treated as Assistant Teacher, L.T. Grade. THDC High School, Pathri, District Haridwar was established by Tehri Hydro Development Corporation Ltd. for imparting education from Class VIth to Xth. The said school was being managed by a society known as THDC Education Management Board. The petitioner was appointed in the year 1995 as Assistant Teacher. He was thereafter interviewed for regular appointment on the post of Assistant Teacher on 09.02.1998 and, thereafter, regularized on 23.07.1998 in the pay scale of Rs. 1200-30-1560-EB-40-2040. This pay scale was subsequently revised to Rs. 4500-125-7500 w.e.f. 01.07.1997. Subsequently, vide Government Order dated 21.08.2006, the State Government provincialised the THDC High School, Pathri, District Haridwar. As per the said Government Order, the services of the working staff in THDC High School, Pathri, District Haridwar stood merged in the State services. The condition in the Government Order was that the incumbent having requisite qualification for the post should give his option for the merger of his services in the Government Department. In pursuance of the said Government Order, the petitioner submitted his option on 14.09.2006. The condition in the Government Order was that the incumbent having requisite qualification for the post should give his option for the merger of his services in the Government Department. In pursuance of the said Government Order, the petitioner submitted his option on 14.09.2006. Subsequently, the State Government, vide Government Order dated 12.09.2007, sanctioned 01 post of Head Master, 07 posts of Assistant Teacher (L.T. Grade), 01 post of Assistant Clerk and 01 post of peon in the provincialised school. The case of the petitioner was recommended by THDC Education Management Board for absorption of his services in the State Government. Thereafter, vide letter dated 27.09.2008, the Director (Education) recommended the case of the petitioner for absorption; but, vide order dated 22.10.2009, the Additional Director (Education), Garhwal Mandal, Pauri declined the absorption of the services of the petitioner in the State Government. By the said order, the THDC Education Management Board and THDC India Ltd. were directed to absorb the petitioner in other school being run by the Society. Aggrieved thereby, one writ petition was filed by THDC Education Management Board and another by the petitioner. 4. The learned Single Judge, after hearing the parties, allowed the writ petitions and quashed the order dated 22.10.2009. The view taken by the learned Single Judge in his judgment and order dated 27.04.2015 is being reproduced below:- “Undisputedly, as per the Government Order dated 21.08.2006, the services of entire staff having requisite qualifications for the posts working in THDC High School, Pathri, District Haridwar on furnishing their option shall stand merged in the State Government. Undisputedly, for the post of Assistant Teacher, L.T. Grade, requisite minimum qualification is graduation with the subject and B.Ed. Undisputedly, petitioner is B.Sc. and B.Ed. and has requisite minimum qualification for the post of Assistant Teacher (Mathematics) L.T. Grade. Undisputedly, petitioner has submitted his option too for the merger of his services in the State Government on 14.09.2006. Undisputedly, case of the petitioner was recommended by the Director (Education) for absorption of his services vide recommendation dated 27.09.2008. However, services of the petitioner were not merged/regularized in the State Government saying since petitioner was drawing the pay scale which was payable to C.T. Grade Teachers, therefore, he cannot be absorbed on the post of Assistant Teacher, L.T. Grade. Undisputedly, case of the petitioner was recommended by the Director (Education) for absorption of his services vide recommendation dated 27.09.2008. However, services of the petitioner were not merged/regularized in the State Government saying since petitioner was drawing the pay scale which was payable to C.T. Grade Teachers, therefore, he cannot be absorbed on the post of Assistant Teacher, L.T. Grade. There is no dispute that THDC Pathri Haridwar was being run by the registered society and it was un-added school and the same was having its own pay structure. Government Order dated 21.08.2006, nowhere, stipulates that only those employees shall be absorbed who were drawing pay scale applicable in the State Government. The only requirement for the regularization/merger of the service was incumbent should have requisite qualification for the post and gives his option for the regularization/merger. Since, petitioner is having requisite qualification for the post and was discharging duties as Assistant Teacher (Mathematics) and was teaching the students up to Class Xth, therefore, denial of regularization/merger merely because he was not drawing salary which was applicable in the State Government, is unknown to the Government Order dated 21.08.2006 or in other words, beyond the scope of Government Order dated 21.08.2006. In the result, both the petitions succeed and are hereby allowed. Impugned order dated 22.10.2009 is hereby quashed. Respondents are directed to merge/absorb the services of the petitioner in the provincial school with effect from the provincialization of the school. Respondents/State is further directed to release the salary in favour of the petitioner within ninety days from today.” 5. We have heard Mr. Pradeep Joshi, Standing Counsel for the State of Uttarakhand/ Appellants, Mr. Rajendra Dobhal, Senior Advocate, assisted by Mr. Devang Dobhal, Advocate, holding brief of Mr. G.D. Joshi, Advocate for respondent no. 1 and also Mr. Shobhit Saharia, Advocate for respondent nos. 2 and 3. 6. We have also perused the Government Order dated 21.08.2006. The said Government Order provides that the services of the entire staff, having requisite qualification for the post, shall stand merged. It is the case of the petitioner that, on the date of the issuance of the said Government Order, the petitioner was having the requisite qualification. This fact is also admitted to the learned Standing Counsel for the State/Appellants. It is also the case of the petitioner that the case of the petitioner was recommended by Director (Education). It is the case of the petitioner that, on the date of the issuance of the said Government Order, the petitioner was having the requisite qualification. This fact is also admitted to the learned Standing Counsel for the State/Appellants. It is also the case of the petitioner that the case of the petitioner was recommended by Director (Education). The only argument, which has been raised by the learned Standing Counsel for the State/Appellants is that the pay scale, on which the petitioner was working was different and the pay scale, on which the petitioner is seeking regularization, is higher and, therefore, the services of the petitioner cannot be absorbed. The learned Single Judge also dealt with this issue by holding that denial of merger is beyond the scope of G.O. dated 21.08.2006. In fact, the petitioner was working on the post of Assistant Teacher (Primary). That post was declared as dying cadre by the State Government and same was merged with Assistant Teacher (L.T. Grade). After merger, the petitioner is no more Assistant Teacher (Primary) and is working as Assistant Teacher (L.T. Grade). Therefore, appellant cannot be permitted to raise plea of different pay scale. We do not find anything in the judgment of the learned Single Judge, which can be interfered with by us. 7. Consequently, the Appeals fail and are dismissed.