KUNWAR SINGH RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioners were initially appointed as Assistant Teacher in Primary School in the erstwhile State of Uttar Pradesh. The control and management of primary schools were in a "Parishad" known as Uttar Pradesh Basic Shiksha Parishad (in short "Parishad"). After creation of the new State of Uttarakhand, which came into existence on 09.11.20000 and by virtue of the provision contained in the U.P. State Re -organisation Act, the services of the petitioners were allocated to the Uttarakhand cadre. All the same in Uttarakhand, the Government did not choose to form a similar Parishad as it existed in the State of Uttar Pradesh, instead the services of even Primary School Teachers (i.e. Primary and Senior Primary) have been transferred to the Government. The Uttaranchal School Education Act, 2006 (hereinafter referred to as "2006 Act") came into force on 22.04.2006. Section 58 of the 2006 Act is the relevant provision in this matter, which reads as under: -

(2.) THE petitioners are claiming leave encashment since they had joined as Coordinator in "Nyay Panchayat" Resource Centers, whereas the State Government calculating the same from 22.04.2006 i.e. when Uttarakhand School Education Act came into force.

(3.) THE said order was challenged by the State Government in Special Appeal No. 44 of 2010 (State of Uttarakhand & others Vs Beer Singh Bhandari) before the Division Bench, which was dismissed vide order dated 28.06.2010. The Division Bench of this Court has held as under: -