MITHILESH KUMAR KANDPAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Brief facts, which engages consideration in the present writ petition are, that the petitioner has come up with the case that he was inducted into the services of the respondents, as CT Grade teacher w.e.f. 8/7/1987. But, later on, as a consequence of the enforcement of the Government Order dtd. 9/1/1992, which was issued by the Directorate of Education, the CT Cadre, was declared as to be a "dying Cadre", and no future appointments, as against the CT Grade cadre were to be made and further it was directed that the teachers, who were then already working in the CT Grade, their services would be merged into LT Grade post.

(2.) Learned counsel for the petitioner submitted that as a consequence of the declaration of CT Grade, as a dying cadre by the government order dtd. 9/6/1992 and with creation of the State of Uttarakhand, the State of Uttarakhand had issued a Government Order No. 793 dtd. 3/6/2005, in which, the cut-off date for the purposes of merger of services from CT Grade to LT Grade was provided, that five years of satisfactory services as on the date i.e. 9/2/1991. Only those CT Grade teachers, who have completed five years of satisfactory services, as on 9/2/1991 onwards, were held to be entitled to be extended with the benefit of the consequence of the merger of their services to the LT Grade.

(3.) The petitioner has been merged in the LT Cadre, but he has not been given with the benefit owing to the embargo, which was created by the G.O. No. 793 dtd. 3/6/2005. Agitating his grievances, the petitioner had earlier approached the writ Court, by filing a writ petition being Writ Petition No. 392 of 2011, which was disposed of on 20/3/2017, with the direction to the respondents, to decide the representation of the petitioner for treating him as to be an LT Grade teacher, as a consequence of his services merged into LT Grade, after the declaration of CT Grade as a dying cadre by the Government order dtd. 9/2/1992.