HUKAM SINGH NEGI Vs. STATE OF UTTARAKHAND AND ANOTHER
HIGH COURT OF UTTARAKHAND
Hukam Singh Negi
State of Uttarakhand and another
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Alok Singh, J. (Oral) -
(1.) Petitioner was initially appointed on the post of Clerk on 08.04.1969 with Basic Education Board, Uttar Pradesh. Thereafter, petitioner was promoted on the post of Head Clerk on 28.07.2000. After creation of State of Uttarakhand, Uttarankhand School Education Act, 2006 was enacted. As per Section 58 of the Uttarakhand School Education Act, 2006, services of all the teaching and non teaching staff posted with the Basic Education Board shall stand transferred to the Government Department with effect from publication of the Notification in the official Gazette. Notification was published on 24.06.2006. Consequently, services of all the teaching and non-teaching staff, working with the Basic Education Board including the petitioner stood transferred to the Government Department with effect from 22.04.2006. Hence, petitioner became Government Servant with effect from 22.04.2006.
(2.) Vide Government Notification dated 03.06.2006 (Annexure No. 3 to the writ petition), it has been decided that the all the Senior Assistants or Chief Assistants working in the pay scale of INR 4500-125-7000 or Head Clerk working in the pay scale of INR 4500-125-7000 shall be re-designated as Administrative Officer Grade II and shall be paid salary of INR 5000-150- 8000 instead of INR 4500-125-7000.
(3.) Claim of the petitioner for grant of pay scale of INR 5000-150- 8000 was declined by the respondents on the ground that prior to transfer of his service from Basic Education Board to the State Government, pay scales of ministerial staff working with the Government and Basic Education Board, were different.;
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