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7. It was the case of the petitioner of Writ Petition No.2610 of 2010, Dewani Ram Arya vs. State of Uttarakhand and others, that though he has worked since 1976 in Nainital Polytechnic as Workshop Attendant (Karyashala Anuchar), but after having come across the advertisement as published in Times of India and Amar Ujala in the year 1982, whereby, the applications were invited for appointment on the post of Workshop Instructor (Fitter). The petitioner applied against the said post and after undergoing the process of selection he was appointed on the post of Workshop Instructor (Fitter).

8. The case of the petitioner was that after the appointment made on the post of Workshop Attendant in pursuance to the selection of 1976, it was against a sanctioned vacant post under the employment of the respondent/department. The petitioner worked satisfactory and consequent thereto, by virtue of an order dated 15.07.1985, he was made permanent on the post of Workshop Attendant.

9. It is the case of the petitioner that he worked on the post of Workshop Attendant up to 9th July, 1986 and thereafter on the post of Workshop Instructor (Fitter) carrying the scale of Rs.550-940/- which he was deriving on the basis of the qualification possessed by him. The Principal, Nainital Polytechnic on 9th July, 1986 is said to have passed an order thereby appointing the petitioner as Workshop Instructor (Fitter) based on the qualification he possessed. Petitioner is said to have joined duties as Instructor on 10.07.1986. Though, the appointment of the petitioner was initially for a period of three months, but the respondent continued to extend the services of the petitioner from time to time and the last extension was given to the petitioner on 24.07.1986 on the post of Workshop Instructor (Fitter), initially for one year or till decision of the selection committee in future.

14. Apparently, as per the record, the petitioner continued to work in Nainital Polytechnic, ever since, his initial appointment as back as 14th June, 1976, till he attained the age of superannuation and according to the petitioner he possesses the qualification of the Workshop Instructor (Fitter), on account of the fact that in pursuance to the order dated 24.12.1986, he was working as a Workshop Instructor (Fitter) on the scale as admissible to it. The petitioner had challenged the order of reversion dated 02.04.1987 by filing a petition before the Public Services Tribunal, Bench at Lucknow. The proceedings thus drawn before the Public Services Tribunal, ultimately, culminated in favour of the petitioner by the judgment dated 19.09.2002. The Tribunal thus held as under:-

15. On scrutiny of the findings recorded by the Tribunal it is concluded that the petitioner was holding the post of Workshop Instructor (Fitter) after his appointment in the year 1986, till he was reverted by the impugned order under challenge before the Tribunal.

16. The judgment of the Tribunal dated 19.09.2002, was not put to challenge. Consequently, the findings recorded therein with regards to the qualification of the petitioner and the fact that they have worked as Workshop Instructor (Fitter) since 1986 has attained finality. This fact is also established because of the letter dated 16.10.2002, written by the Principal Government Polytechnic Nainital, whereby, he has requested the Director Technical Education, Uttarakhand, Srinagar, that as a consequence of the judgment of the Tribunal. The said communication of the Principal to the Director it also drew support from the opinion extended by D.G.C. (Civil) on 10.10.2002, wherein, he has advised to comply with the judgment of the Tribunal. The respondent based on the judgment of the Tribunal and in pursuance to the directive issued by the Director Technical Education had re-fixed the salary/pay scale of the petitioner from the date of his initial appointment i.e. 9th July, 1986. The records revealed that the petitioner has completed about 14 years of satisfactory service on the post of Workshop Instructor (Fitter), and thus according to the petitioner he claimed that he was entitled for the next promotion to the post of Senior Instructor (Fitter) in the pay scale of Rs.8000-13500 and second promotional pay scale of Rs.10000-15200 with effect from July, 2000. He further claimed that he would be entitled for the promotional pay scale of Rs.15600-39100 with grade pay of Rs.7600/- w.e.f. 2008 after completing 26 years of service.