STATE OF UTTARAKHAND Vs. MOHAN SINGH MEHRA

JUDGEMENT

(1.) Heard Mr. Vikas Pande, learned Standing Counsel for the State Government, Mr. B.M. Pingal, learned counsel for the respondent-writ petitioner and Mr. D.S. Mehta, learned counsel for respondents 2 and 3 and, with their consent, the Special Appeal is disposed of at the stage of admission.

(2.) This Special Appeal is preferred by the official respondents in Writ Petition (S/S) No. 2222 of 2018 aggrieved by the order passed by the learned Single Judge dated 19.09.2018 quashing the order dated 28.05.2018, and in directing the second respondent to consider and grant the benefit of promotion to the respondent-writ petitioner as a Lecturer (Mathematics), considering the impact of the Government Order dated 03.01.2017, within six weeks from the date of presentation of a certified copy of the order.

(3.) Facts, to the limited extent necessary, are that the State Government, by proceedings dated 21.12.2016, had provided a token grant of Rs. 3.00 lacs to the respondent-College. Subsequently, by proceedings dated 03.01.2017, the State Government had created four temporary posts of Lecturer in the respondent-College. The order dated 03.01.2017 stipulates that creation of these four temporary posts of Lecturer was from the date of issuance of the Government Order dated 03.01.2017 till regular appointment is made, whichever is later, till 28.02.2018, provided these temporary posts are not abolished without prior intimation. Reference to 28.02.2018, in the Government Order dated 03.01.2017, was because it is a month prior to the date on which the financial year comes to an end and, as is evident from the proceedings dated 04.12.2014, the posts created thereby were also only till 28.02.2015. Unlike the earlier Government Order dated 21.12.2016, whereby the token grant of Rs. 3.00 lacs alone was extended to the respondent-College, the Government Order dated 03.01.2017 makes it clear that the posts mentioned in the table therein would be paid the admissible salary, dearness allowance and other allowances as per Rules, by the Government; and the expenses in this regard would have to be borne under the head "Grant-In-Aid of Secondary Schools".