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(2024) Law Today Live Doc. Id. 19464 = 2024 :UHC: 6026
Decided on: 23.08.2024
Presence:
Mr. Ganesh Kandpal, learned counsel for the petitioner.
Mr. Pradeep Hariya, learned Standing Counsel for State.
Constitution of India, Article 226 – Service matter -- Recovery of benefits already drawn – Permissibility of -- Ad-hoc appointment as Assistant Teacher (L.T Grade), on 20.09.1986 -- Services regularized on 07.08.1993 -- After calculating ad-hoc period Selection Grade was sanctioned on 20.09.1996 – By the impugned orders dated 08.12.2017 and 05.09.2019, respondent-State cancelled the payment of Selection Grade to the petitioner -- Writ petition disposed of, with the observations that the benefit, if any, granted to the petitioner shall not be recovered -- Amount of recovery made from the petitioner, if any, shall also be paid back to the petitioner.
(Para 2-8)
Cases referred:
1. Sudarshan Lal Sah and Others Vs. State of Uttarakhand and Others, Writ Petition No.409 of 2020 (S/B) decided on 06.05.2024.
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PANKAJ PUROHIT, J. (ORAL) –
Heard learned counsel for the parties.
2. Petitioner was appointed as Assistant Teacher (L.T Grade), on ad-hoc basis on 20.09.1986. Subsequently, the services of the petitioner was regularized on 07.08.1993. After calculating the services rendered by the petitioner as ad-hoc teacher, he was sanctioned and given Selection Grade vide order dated 20.09.1996.
3. Subsequently, by the impugned orders dated 08.12.2017 and 05.09.2019, respondent-State has cancelled the payment of Selection Grade to the petitioner. A direction was issued to the respondents to take necessary action after the cancellation of the sanctioning of the Selection Grade to the petitioner, which was sanctioned to him reckoning his services put in as ad-hoc Assistant Teacher.
4. It is feeling aggrieved by the aforesaid orders impugned in the writ petition, the petitioner is before this Court.
5. It is submitted by learned counsel for the petitioner that the controversy involved in the present writ petition is no longer res-integra and a Division Bench of this Court, in Writ Petition No.409 of 2020 (S/B) Sudarshan Lal Sah and Others Vs. State of Uttarakhand and Others, has been pleased to allow such writ petition vide judgment and order dated 06.05.2024.
6. From the perusal of the said judgment and order, it is culled out that though the matter relates to the case of Principals of the Intermediate College, the issue involved in this writ petition is quite similar to the issue involved in the present writ petition.
7. Learned State Counsel does submit that the controversy is set at rest by the aforesaid judgment and order dated 06.05.2024.
8. Accordingly, the writ petition is disposed of, with the observations that the benefit, if any, granted to the petitioner in terms of Government Order dated 08.03.1995 shall not be recovered, under the garb of subsequent Government Order dated 08.12.2017. However, it is also provided that the amount of recovery made from the petitioner, if any, shall also be paid back to the petitioner.
9. Pending application(s), if any, also stands disposed of.
Order accordingly.
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