STATE OF UTTARAKHAND Vs. DHARMENDRA RAWAT
LAWS(UTN)-2012-7-85
HIGH COURT OF UTTARAKHAND
Decided on July 20,2012

STATE OF UTTARAKHAND Appellant
VERSUS
Dharmendra Rawat Respondents

JUDGEMENT

BARIN GHOSH, J. - (1.) WE have considered the averments made in the application for condonation of delay in preferring the appeal and also considered the formal objection filed thereto. Having, thus, considered the averments made in the application and the objection, we are of the view that sufficient cause has been made out for condonation of 262 days delay in filing the appeal. We, accordingly, condone the delay in preferring the appeal. Heard learned counsel for the parties.
(2.) IN the writ petition, which has been allowed by the judgment and order under appeal, it was contended by the petitioners that they have been engaged as Cluster Resource Centre Coordinators and, having, thus, been appointed, they have become entitled to draw their salaries in the scale of Rs. 5500 -9000, but they are not being paid salaries in the said scale, instead they are being paid their salaries in their original pay scale of Rs. 4500 -7000, as they were drawing while discharging the duties of Assistant Teachers. The learned Single Judge, who dealt with the writ petition, noticed that on 19th March, 2003, the Government created the posts of Block Resource Centre Coordinators, Block Resource Centre Assistant Coordinators and Cluster Resource Centre Coordinators and they were made entitled to the pay scale of Rs. 6500 -10500, Rs. 5500 -9000 and Rs. 5500 -9000 respectively. The Court further noticed that acting on behalf of the Government, the State Project Director on 28th July, 2003 laid down the basic eligibility of people to be appointed as Block Resource Centre Coordinators. The letter dated 28th July, 2003 did not say a word as regards Block Resource Centre Assistant Coordinators and Cluster Resource Centre Coordinators. In the letter dated 28th July, 2003, it was indicated that only teachers and Sub Deputy Inspectors/Assistant Block Education Officers working in a minimum pay scale of Rs. 6500, being graduate with B.Ed./B.T.C. qualification or equivalent training and having at least five years experience in teaching in Upper Primary classes (class 6, 7 & 8) or in inspection/supervision, shall be eligible for the post of Block Resource Centre Coordinators. It provided that Application Forms will be invited at the concerned District Institutes of Educational Training from amongst the teachers/officials working in the concerned districts, whereafter a written examination, followed by group discussion and interview, will be held. On the basis of performance in such written examination, group discussion and interview, a select list will be prepared and the selected people will be appointed. On the basis of the said letter dated 28th July, 2003, which although addressed itself in relation to Block Resource Centre Coordinators only, an attempt was made to fill up the posts of Block Resource Centre Coordinators, Block Resource Assistant Coordinators and Cluster Resource Centre Coordinators; on what basis, however, has not been disclosed by the State. It, however, appears from the letter of the Additional Project Director written on behalf of the State dated 24th February, 2004 that the said attempt did not supply all the available vacancies. It was specifically mentioned in the said letter that a large number of posts of Block Resource Centre Coordinators, Assistant Block Resource Centre Cordinators and Cluster Resource Centre Coordinators could not be filled up by the said attempt. In the circumstances, by the said letter dated 24February, 2004, it was conveyed that in so far as, the post of Block Resource Centre Coordinators are concerned, the aspirant Teacher/Sub District Inspector/Additional Basic Education Officer in the minimum scale of Rs. 6500 who is not only a Graduate, but has also B.Ed. /B.T.C. or equivalent degree and has at least five years experience in teaching/inspection in classes 6, 7 & 8, will be eligible. In so far as, the Block Resource Centre Assistant Coordinators were concerned, it was mentioned in the letter dated 24 February, 2004 that teachers in the minimum pay scale of Rs. 5500 with graduation and B.Ed./B.T.C. or equivalent degree, having at least five years experience in teaching in Government primary/ elementary classes, shall be eligible. In so far as, Cluster Resource Centre Coordinators were concerned, it was mentioned that the qualification/experience/pay scale shall be, as that of those mentioned in respect of Block Resource Centre Assistant Coordinators. In the letter dated 24February, 2004, although it was stated that in order to be appointed as Cluster Resource Centre Coordinator, the teacher concerned must be in the pay scale of Rs. 5500 -9000, but it was provided also in the said letter as follows : - " Since in past required number were not filled, for this reason, apart from earlier prescribed eligibility, person placed in one scale below be also given an opportunity to apply. Selection has to be made by giving preference to earlier prescribed qualification and going down the order. If adequate number of candidates possessing earlier qualification is not available then in that situation, the person placed in one pay scale below will be selected. For this purpose, following position is being clarified; For CRC Coordinator, Rs. 5500 -9000, candidates working in pay scale of Rs. 4500 -8000 can also apply."
(3.) SOON thereafter, District Project Officer, Sarva Siksha Abhiyan, District Dehradun published an advertisement seeking teachers having qualification for being appointed, amongst others, as Cluster Resource Centre Coordinators. Writ petitioners/respondents, at the time of applying, were teachers in the pay scale of Rs. 4500 -7000. Their applications were accepted. They were asked to appear at a written examination. They appeared in such written examination. Subsequent to their success to the satisfaction of the examiners, writ petitioners/respondents were asked to appear for group discussion followed by interview. They appeared for group discussion followed by interview. Subsequent thereto, they were selected and appointed as Cluster Resource Centre Coordinators. After they were so appointed, they were, however, not paid salary in the pay scale of Rs. 5500 -9000, earmarked for Cluster Resource Centre Coordinators, as mentioned in the Government Order dated 19th March, 2003, by which the said posts were created. That compelled the respondents/petitioners to file a writ petition. Before the learned Single Judge, who dealt with the writ petition, it was contended by the appellants, which contention has been repeated before us that since the writ petitioners/respondents were in the pay scale of Rs. 4500 -7000, they were not entitled to the pay scale of Rs. 5500 -9000. The said contention is contrary to what has been stated by the State Government through the Additional Project Director, contained in his letter dated 24th February, 2004. The confusion has been created by mentioning that the scale of Rs. 4500 -8000 is the next lower scale in the said letter dated 24th February, 2004. It is not the contention of the State that in between the scale of Rs. 4500 -7000 and Rs. 5500 -9000 there is a scale of Rs. 4500 -8000.;


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