LAWS(UTN)-2015-4-6

STATE OF UTTARAKHAND Vs. RAGHUVIR SINGH NEGI

Decided On April 03, 2015
STATE OF UTTARAKHAND Appellant
V/S
Raghuvir Singh Negi Respondents

JUDGEMENT

(1.) FOR the reasons stated in the application, delay in filing the appeal is condoned. CLMA No. 14507 of 2014 stands disposed of accordingly.

(2.) PRESENT appeal is filed assailing the judgment and order dated 05.08.2014, passed by the learned Single Judge of this Court whereby Writ Petition No. 1784 (S/S) of 2013, Raghuvir Singn Negi Vs. State of Uttarakhand and others, was allowed issuing the mandamus that petitioner shall be treated to be regular on the post and he shall be given all the benefits which are given to the Lecturers in the provincialsed College. Further, commanding the State Authorities to release the salary of the petitioner forthwith alongwith interest @ 7% p.a. on the accumulated arrears.

(3.) BRIEF facts of the present case, inter alia, are that earlier Janta Inter College, Sikko, Pauri Garhwal was private inter college, however under the grant -in -aid; petitioner who was M.A. (English) was appointed purely on adhoc basis as Lecturer (English) in the year 1989; services of the petitioner as Lecturer in English were regularized on 23.04.1994; State Government has taken policy decision to provincialise Janta Inter College Sikko, Pauri Garhwal and, ultimately, vide order dated 1st October, 2012, annexure No. 18 to the writ petiton, Janta Inter College was provincialised; while provincialising the Janta Inter College, one post of Principal, six post of Lecturers, 8 post of Assistant Teachers, one post of Senior Assistant Clerk, two posts of 4th Class employees were sanctioned; as per conditioin No. 5 of the Government Order dated 1st October, 2012, annexrue No. 18 to the writ petiton, on provincialising the Janta Inter Colelge, only those working staff, who were having requisite minimum qualification for the posts would be deemed having been temporary appointed against the sanctioned post and they would be regularized and absorbed in the provincialised college only when they would be declared eligible either by the competent officer or by the Public Servcie Commission; vide order dated 25th January, 2014, annexure No. 21 to the writ petiton, direction was issued that in view of G.O. dated 23.01.2014, those Lectureres who were not having B.Ed degree, one of the requisite minimum qualification to hold the post of Lecturer had to obtain the B.Ed. degree within three years from the date of notification dated 25th January, 2014. G.O. dated 25.01.2014 furhter stipulates that increments shall be payable only after obtaining the B.Ed. degree.