In a significant move aimed at resolving a protracted legal battle, the Uttarakhand High Court has decided to hear all pending petitions related to the promotion of LT teachers and lecturers in the state collectively. A division bench comprising Chief Justice Ritu Bahri and Justice Subhash Upadhyay issued this order on Monday, setting the next hearing for Tuesday.
Court Orders Clubbing of Cases
The bench, after a preliminary hearing, directed its registry to tag a related case currently pending before a single judge with the current batch. This instruction ensures that all matters concerning teachers' seniority and promotions will be heard jointly, streamlining the judicial process. The decision came after the court recognized the interconnected nature of the disputes causing delays.
During the proceedings, the state government's counsel informed the court that all benefits based on the seniority list of teachers appointed before 1990 have already been granted. However, the core of the unresolved conflict involves later appointments.
The Heart of the Seniority Dispute
The legal stalemate primarily revolves around two groups: teachers selected through direct recruitment in 2005 and those promoted on an ad hoc basis. Petitioners from the 2005 direct recruitment batch argue they should be granted seniority over those who were promoted via ad hoc appointments. Conversely, the other group of petitioners claims precedence based on their service tenure through those very ad hoc promotions.
This unresolved disagreement has led to extensive delays in granting promotional benefits, affecting careers and livelihoods. According to the petitions, the promotion process for LT teachers and lecturers has remained stalled for several years, despite repeated appeals to the authorities.
Personal Toll and Broader Demands
The human cost of this delay was poignantly highlighted by one petitioner who stated, "I worked for more than 20 years but never got promoted. I retired with my pension and gratuity, but not the designation I deserved." This sentiment echoes the frustration of many educators caught in the bureaucratic and legal limbo.
Beyond seniority, the petitioners have also urged the court to scrap direct recruitment for the post of principals, insisting that these positions should be filled exclusively through internal promotions. They cited the Supreme Court's ruling in the Bhuvan Chandra Kandpal case, arguing that the state government has already applied this judgment in similar instances.
"We are seeking the same benefit that others have already received under the Supreme Court ruling," said one of the petitioners, emphasizing the demand for uniform application of judicial precedents.
The court's decision to consolidate the hearings is seen as a crucial step towards delivering a comprehensive verdict that could finally break the deadlock and provide clarity and justice to the aggrieved teachers across Uttarakhand.
