HARISH CHANDRA SINGH v. STATE OF UTTARAKHAND
Court: High Court of Uttarakhand
Bench: HON'BLE MR. JUSTICE PANKAJ PUROHIT
Judgment date:
Case summary
High Court of Uttarakhand judgment dated 2024-09-05. HARISH CHANDRA SINGH v. STATE OF UTTARAKHAND. Read the judgment and case details on LawSphereX.
Judgment text
2024:UHC:6407 H I GH COURT OF UTTA RA K H A N D A T N A I N I TA L W r i t Pe t i t i o n ( S/ S) N o . 1 6 6 3 o f 2 0 2 4 Harish Chandra Singh - - Pet it ioner Versus St at e Of Ut t arakhand & ot hers - - Respondent s Presence:- Mr. B. M. Pingal, learned counsel for t he pet it ioner. Mr. R. C. Joshi, learned Brief Holder for t he St at e of Ut t arakhand. H o n ’ b l e Pa n k a j Pu r o h i t , J. ( Or a l ) 1. The pet it ioner was engaged as Assist ant Teacher L. T. Grade on ad- hoc wit h I nt er College- respondent no. 5. I t is t he case of t he pet it ioner t hat pet it ioner is going t o ret ire on 31. 10. 2024. Before t hat pet it ioner has m ade an applicat ion t o t he respondent- Com m it t ee of Managem ent on 15. 02. 2024 for giving Session End Benefit t o t he pet it ioner; Com m it t ee of Managem ent forwarded a proposal t o t he respondent- Chief Educat ion Officer, Nainit al on 20. 02. 2024 for giving Session End Benefit t o t he pet it ioner.
The proposal was sent back by respondent- Chief Educat ion Officer, Nainit al t o t he Managem ent wit h som e obj ect ion on 18. 03. 2024. Thereaft er, aft er rem oving t he obj ect ion, t he Com m it t ee of Managem ent has again forwarded t he proposal of Session End Benefit of t he pet it ioner on 09. 05. 2024 t o t he respondent- Chief Educat ion Officer, Nainit al but surprisingly it was again revert ed back t o t he respondent- Com m it t ee of Managem ent t o explain as t o how t he pet it ioner is ent it led t o get Sessions End Benefit . 2. Vide order dat ed 02. 09. 2024 t he respondent- St at e was direct ed t o seek inst ruct ion in t he m at t er. 2024:UHC:6407 3. Today, on inst ruct ions dat ed 03. 09. 2024, which is t aken on record, it is cont ended by learned St at e Counsel t hat according t o respondent no.
4- Chief Educat ion Officer, Nainit al t he Session End Benefit is only adm issible t o t he regular t eachers and t here is no provision in any of t he Governm ent Order t o give Session End Benefit t o t he ad- hoc t eachers. 4. Learned counsel for t he pet it ioner has drawn t he at t ent ion of t his Court t o t he Governm ent Order dat ed 08. 04. 2011 ( Annexure 13 t o t he writ pet it ion) and subm it t ed t hat t he Governm ent order speaks about ext ending t he Session End Benefit t o t he ret ired t eachers and it has not m ade any dist inct ion as t o whet her it is for t he regular t eachers or ad- hoc t eachers. 5. This Court finds subst ance in t he subm ission m ade by learned counsel for t he pet it ioner sim ply for t he reason t hat Session End Benefit is always given for t he welfare and benefit of t he st udent s and not for t he benefit of t eachers, so t hat st udy of t he st udent s would not suffer due t o m id- session ret irem ent . 6.
I n t his view of t he m at t er, respondent no. 4 is direct ed t o t ake decision on t he proposal dat ed 20. 02. 2024 subm it t ed by respondent no. 5- Com m it t ee of Managem ent wit hin seven days from t oday and ext end Session End Benefit t o t he pet it ioner im m ediat ely wit hin furt her seven days. 7. Accordingly, t he writ pet it ion st ands disposed of. ( Pa n k a j Pu r o h i t , J. ) 05. 09. 2024 Art i ARTI Digitally signed by ARTI SINGHDN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND,2. 5. 4. 20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND,serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734 SINGH BE2521F982, cn=ARTI SINGHDate: 2024. 09. 06 17:42:45 +05'30'
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