GHANSHYAM JOSHI AND OTHERS Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
Ghanshyam Joshi And Others
State of Uttarakhand and others
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V.K. Bist, J. -
(1.) HEARD learned counsel for the parties and perused the record. Instant writ petition has been filed by the petitioners for the following reliefs:
a. To issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to forthwith issue appropriate order for petitioners' appointment in government service as Lecturer in their respective subjects.
b. To issue a writ, order or direction in the nature of mandamus commanding the respondents, particularly respondent no.4 to forthwith release the salary to the petitioners alongwith arrears of salary for the period of October, 2011 to February, 2012 and thereafter.
c. To issue a writ, order or direction in the nature of mandamus commanding the respondents to grant all consequential benefits to the petitioners, including the interest on the arrears at the rate to be specified by this Court.
d. To issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case.
e. Award the cost of the writ petition in favour of the petitioners.
(2.) SUBMISSION of the learned counsel for the petitioners is that earlier the petitioners were working as Lecturer on regular and confirmed basis in Grant -in -Aid School, namely Binayak Inter College, District Almora. Earlier this College was included in Grant -in -Aid list of the State Govt. Vide Govt. Order dated 02.08.2011, the said College was taken over by the Government. Learned counsel for the petitioners submitted that paragraph -5 of the said Govt. Order provides that the staff working in the College on the date of its provincialisation, will be appointed against the sanctioned posts on temporary basis and services of such employees will be merged in the Govt. Service, only when they are declared eligible by the Competent Authority or by the Public Service Commission. Learned counsel for the petitioners contended that proposal of the same has already been sent on 08.11.2011 by the District Education Officer to Addl. Director of Education, Kumaon Region, Nainital. He further submitted that about a period of six months have passed, but no decision has yet been taken and no salary has been paid to the petitioners from the month of October, 2011 onwards while they are continuously discharging their duties in the said capacity. Learned counsel for the petitioners prayed that the writ petition may be decided at the admission stage directing the respondents to consider the case of the petitioners and decide the matter at the earliest. Learned Brief Holder for the State also did not raise any objection in case such direction is issued.
(3.) IN these circumstances, the writ petition is disposed of finally with the direction to the respondents to take appropriate decision in the matter in accordance with law expeditiously, preferably within a period of six months from today.;
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