NASEER ALAM QUERSHI S/O AZMAT ULLAH QUERSHI Vs. STATE OF UTTARAKHAND; DIRECTOR OF BASIC EDUCATION; DISTRICT BASIC EDUCATION OFFICER

JUDGEMENT

(1.) In the writ petition, appellant sought preponing of his right to receive trained scale to 1991, which scale was given to the appellant in 2006. It was contended that the appellant was appointed in the year 1989 and in terms of the rules, appellant ought to have had been trained within two years from the date of his appointment. It was contended that the same was unjustly delayed. There is no dispute that the appellant completed his training in the year 2006, and no sooner he completed the same, he started getting trained scale. It was contended that it was obligatory on the part of the respondents to train the appellant within two years of his appointment and since the respondents failed to do so, appellant cannot be made to suffer therefor. If there was a holding out that appellant must be trained within two years of his appointment, the failure to train the appellant rested on the person responsible to do so. The right of the appellant to claim damages is, therefore, against those persons who failed to discharge their obligations. That is no ground for preponing entitlement of the appellant to receive trained scale. Appellant relied upon two Government Orders, one dated 6th September 1994 and the other dated 27th January, 1995, whereby and under, it had been provided that persons working continuously for ten years upto certain date, as mentioned in those Government Orders, will be entitled to trained scale despite having not obtained training.

(2.) Admittedly, appellant did not complete ten years of service on or before the dates mentioned in those Government Orders. In those circumstances, the writ petition of the appellant has been rejected. We see no reason to interfere with the judgment and order under appeal.

(3.) The appeal fails and the same is dismissed.