DIGPAL SINGH PATWAL vs STATE OF UTTARAKHAND THROUGH SECRETARY, ELEMENTARY EDUCATION.

UKHC010005832017

2026:UHC:9335
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL


WRIT PETITION (S/S) No.1696 of 2017

Digpal Singh Patwal. ………………… Petitioner.

Versus

State of Uttarakhand & others
……………Respondents.

Present:
Mr. Reituparna Joshi, learned counsel holding brief of Mr. Shivanand Bhatt, learned counsel
for the petitioner.
Mr. G.S. Negi, learned Addl. CSC for the State of Uttarakhand/1 to 3.


Hon’ble Mr. Justice Rakesh Thapliyal, J.
1. By the instant petition, the petitioner is praying for the
following reliefs:-
“I. Issue a writ order or direction in the nature of certiorari quashing
the impugned order dated 24.06.2017 (Annexure-7) passed by
respondent no.3.
II. Issue a writ order or direction in the nature of Mandamus directing
and commanding the respondents to fix the pension and other
pensionary benefits of the petitioner by treating him on the post of
Head Master w.e.f. 04.11.2015 instead of October 2016.”
It is submitted by the learned counsel for the petitioner that
2.
the petitioner was initially inducted as an Assistant Teacher in
Government Primary School in the year 1996, and thereafter,
he was promoted to the post of Assistant Teacher in Junior
High School. Subsequently, by order dated 04.11.2015, the
petitioner was further promoted to the post of Headmaster in
Government Higher Primary School and posted at Block
Thalisain, Pauri Garhwal. It is submitted that since the
petitioner was at the verge of retirement at the time of said
promotion, he make a request by moving a representation on
14.11.2015 whereby he has requested to the District Education
Officer (Basic, Pauri Garhwal) to amend the order of promotion

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and give suitable place of posting in the nearby places as per
his own choice. He also submits that at the time when the
promotion order was issued, the petitioner was suffering from
several ailments and he did not join at the place where he was
promoted and since he was in anticipation that a positive
decision will be taken on his representation with regard to his
proper place of posting in the promoted post, but no action was
taken thereon, and in the meantime, other persons were
promoted and given proper place of posting. Subsequently, he
preferred a writ petition i.e. WPSS No.1783 of 2016, wherein, he
sought a relief for the amendment of place of posting in the
order of promotion dated 04.11.2015, which was disposed of by
this Court on 26.09.2016 by directing the District Education
Officer to consider the representation of the petitioner.
3. In compliance of order of the writ court dated 26.09.2016,
the respondents amend the place of posting in order of the
promotion dated 04.11.2015 and posted the petitioner as
Headmaster in Government Higher Primary School Saudu
(Kwisu) Block Khirsu, Pauri Garhwal, where he served as
Headmaster till his retirement i.e. December, 2016.
4. It is submitted that though by subsequent order on the
place of posting was amended in the year 2016 in the initial
order of promotion dated 04.11.2015 but for other service
benefits petitioner is being treated from the date of order of
amendment which only relates to place of posting.
Consequently, the petitioner filed another writ petition i.e.
WPSS No.741 of 2017, which was also disposed of finally on
24.04.2017 whereby the respondent no.3 was directed to decide
the representation, however, the representation was rejected by
the order impugned dated 24.06.2017 on the ground that since
the petitioner join the promoted post in October, 2016,

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therefore, he cannot be granted benefits of the promoted post
w.e.f 04.11.2015, the date when the initial order of promotion
was passed. Now being aggrieved by the order impugned, by
which the representation of the petitioner was rejected, the
instant writ petition is preferred.
5. It is argued by the learned counsel for the petitioner that the

subsequent order of promotion is nothing but an amendment
to the initial order of promotion dated 04.11.2015, therefore, the
petitioner should be treated to be promoted by virtue of initial
order of promotion dated 04.11.2015, and as such, he is entitled
to get all the benefits arising out of the order of promotion
dated 04.11.2015.

6. On the other side, Mr. G.S. Negi, learned Addl. CSC
submits that though the initial order of promotion was issued
on 04.11.2015 but the petitioner did not join and subsequently
he join to the promoted post pursuant to an order by which the
initial order of promotion was amended, therefore, the
petitioner is not entitled to get the benefit in terms of initial
order of promotion dated 04.11.2015. He further submits that
since the petitioner report his joining to the promoted post
pursuant to the amended order of promotion dated 22.12.2015,
therefore, the re-fixation was rightly done by treating him to be
promoted pursuant to the order dated 22.12.2015
7. After hearing the submissions of the learned counsel for

the parties and after gone through with the order of the
promotion dated 04.11.2015 and subsequent amended order of
promotion dated 22.12.2015, no doubt the petitioner join to the
promoted post pursuant to the amended order of promotion,
and he is not entitled to get all consequential benefits except
the arrears of salary in terms of the initial order of the
promotion dated 04.11.2015. Now the petitioner already retire

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from service, therefore, for the purposes of re-fixation of
pension, the initial order of promotion dated 04.11.2015 cannot
be ignored.
8. There is another aspect of the matter that promotion is

nothing but the continuation of the service, therefore, for the
purposes of fixation of pension, the entire length of service has
to be taken into consideration by treating the petitioner to be
promoted w.e.f. 04.11.2015.
In such view of the matter, the instant writ petition is
9.
disposed of finally by directing the respondents to re-fix the
pensionary benefits of the petitioner by treating him to be
promoted on the post of Headmaster w.e.f. 04.11.2015,
however, the petitioner will not claim the arrears of salary,
particularly when, he joined to the promoted post by virtue of
the amended order of promotion dated 22.12.2015. The entire
exercise for re-fixation of pension shall be carried out by the
respondents within one month positively from the date of the
receipt of the certified copy of this order.

(Rakesh Thapliyal, J.)

13.10.2026
Nitesh