DIGAR KUMAR Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks following reliefs:-

(2.) The facts giving rise to present writ petition are that-the petitioner was initially appointed as Class IV employee in the Government Higher Secondary School, Bisauankhan, Pithoragarh on 15.7.1998. The services of the petitioner were terminated by Joint Director of Education, Pithoragarh, on 05.6.2000. Petitioner filed writ petition against the same. This Court, in WPSS No. 28150/2000 (New No. 2314/2001) granted interim stay against the termination order of the petitioner on 31.5.2001. On 27.6.2001, the petitioner rejoined in the Government Higher Secondary School, on the strength of stay order dated 31.5.2001.

(3.) It is the submission of learned senior counsel for the petitioner that basic pay of the petitioner was wrongly fixed at Rs. 2,605/-. It ought to have been fixed at Rs. 2,720/-. Basic pay of subsequent years was also determined wrongly. On 01.1.2006, the basic pay of the petitioner was again determined wrongly, because the petitioner was entitled to higher pay on the recommendation of 6th Pay Commission. On 28.3.2008, the writ petition of the petitioner was allowed and the impugned termination order was quashed. On 08.3.2011, ACP scheme was introduced by the State Government for the Government employees. Benefits under the first ACP became due to the petitioner on 01.9.2008, on completion of 10 years service, but the petitioner was paid the same. Benefits under second ACP became due to the petitioner on completion of 16 years service, on 01.9.2014, but the same was also paid to the petitioner.