STATE OF UTTARAKHAND Vs. RAJENDRA PRASAD PANT

JUDGEMENT

(1.) WRIT Petitioner (respondent herein) filed a writ petition being WPSS No. 173 of 2013, captioned as Rajendra Prasad Pant vs. State of Uttarakhand and others, challenging the order dated 6th May, 2013 passed by Additional Director of Education, Garhwal Region, Pauri, whereby the representation of the writ petitioner was rejected and it was directed that the seniority of the petitioner shall be fixed from 22.04.2006 i.e. the date from which all the employees of Basic Shiksha Parishad became Government servants. The writ petitioner also prayed for direction to the respondents to give promotion to the writ petitioner from the date juniors to the petitioner were given promotion. The writ petitioner (respondent herein) was appointed as Junior Clerk by the District Basic Education Officer, Pauri Garhwal vide order dated 25th May, 1987. After creation of the State of Uttarakhand, the State Government enacted 'The Uttarakhand Education Act, 2006 (herein after referred to as 'the Act') on 22.04.2006. By the said Act, all employees of the Basic Education Board were transferred to the State Government. Thus all the employees working in Basic Education Board became the employees of the State Government. Section 58 of the Act deals with the situation which is being reproduced herein below: .

(2.) IN pursuance of the said 2006 Act, the District Education Officer, Chamoli, vide order dated 29.09.2007, transferred the petitioner to Government Inter College, Manda Ghingrana Distrcit Chamoli. The petitioner was paid the same pay -scale which he was getting prior to the enforcement of the 2006 Act. Along with the writ petitioner, one Beer Singh Bhandari was also transferred to the Government Inter College, Chamoli. Thereafter on 21.04.2010, the petitioner submitted a representation before the Additional Director, Garhwal Region, Pauri for granting him promotion taking into consideration his seniority and services rendered by him in the Basic Education Board, which representation was rejected on 6th May, 2010. Against the said rejection order, a writ petition was filed before this Court. The learned Single Judge, vide judgment and order dated 22.04.2014, allowed the writ petition and quashed the order dated 06.05.2010 passed by the Additional Director of Education, Garhwal Region, Pauri. The learned Single Judge directed to calculate the period of service rendered by the petitioner in the Basic Shiksha Parishad and also directed to the appellants to grant all consequential benefits to the petitioner in accordance with Law. Against the said judgment and order, the present Special Appeal has been filed. Heard learned counsel for the State/appellants as well as learned counsel for the respondent and perused the record.

(3.) LEARNED counsel for the Appellants/State challenged the judgment rendered by the learned Single Judge on the ground that the writ petitioner/respondent herein, for the first time became the Government servant on 22.04.2006, when his services were merged and he became a Government employee.