Court No. - 58
Case :- WRIT - A No. - 908 of 2019
Petitioner :- Smt. Prabha Yadav
Respondent :- District Inspector Of Schools, Baghpat, And 4 Others
Counsel for Petitioner :- Indra Raj Singh,Adarsh Singh
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Submission is that petitioner was appointed on ad-hoc basis and her services were also regularized by a specific order passed by the Regional Level Committee on 29th December, 2016. Argument is that once services have been regularized, the entire period of petitioner's service was liable to be considered for the purposes of grant of service benefit including selection grade, etc. Reliance has been placed upon a decision of this Court in Smt. Mithilesh Kumari Vs. District Inspector of Schools, Bijnor and others, Writ Petition No. 24267 of 2018, wherein following observations were made on 16.11.2018:-
"In view of what has been observed by this Court in the aforesaid judgments, this writ petition succeeds and is allowed. Order dated 27.7.2018 stands quashed insofar as the benefit of selection grade is restricted to petitioner from the date his services have been regularized. A direction is issued to the concerned Inspector to take a fresh decision in light of the observations made above and the period of satisfactory services prior to his confirmation would not be excluded for the purposes of grant of benefit of selection grade. Petitioner's claim for grant of GPF and other retiral benefits shall also be dealt with by the authority concerned, in accordance with law. The required determination would be made within a period of three months from the date of presentation of certified copy of this order." (Emphasis supplied) Learned Standing Counsel submits that grievance of the petitioner would be examined by the authorities concerned afresh order in accordance with law.
In view of the facts and circumstances noticed above, this petition stands disposed of with a direction upon the District Inspector of Schools to re-examine petitioner's claim with regard to grant of benefit of selection grade and promotional grade, in light of the observations contained in the judgment dated 16.11.2018, extracted hereinabove, after affording an opportunity of hearing to the Committee of Management i.e. respondent no. 5, within a period of four months, from the date of presentation of a certified copy of this order.
Order Date :- 21.1.2019 Ranjeet Sahu