Allahabad High Court
Heera Singh Verma And Others vs State Of U.P. & Others on 7 February, 2014
Author: Rajes Kumar
Bench: Rajes Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
Reserved
Court No. - 33
Case :- WRIT - A No. - 51281 of 2005
Petitioner :- Heera Singh Verma And Others
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- S.K. Tyagi,Kapil Tyagi
Counsel for Respondent :- C.S.C.,S.K.Garg
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Hon'ble Rajes Kumar,J.
By means of the present petition, the original petitioners, at the time of filing of the writ petition, (hereafter referred to as the petitioners), are challenging the order dated 30th March, 2005, passed by the respondent no.2, by which, the selection grade pay scale and promotional pay scale, granted to the petitioners by the Chief Development Officer, w.e.f. 1.7.1982 and 1.7.1988, respectively, has been withdrawn and further the direction has been issued. to recover the amount, paid in excess to the petitioners, by way of recovery.
All the original petitioners were appointed under the Directorate of Yuva Kalyan Evam Pradeshik Vikas Dal U.P., Lucknow, on the post of Kshetriya Yuva Kalyan Evam Pradeshik Vikas Dal Adhikari on different dates. The petitioner no.1 has been posted to the post of Kshetriya Yuva Kalyan Evam Pradeshik Vikas Dal Adhikari on 1.7.1970 and while holding his post as such, he retired on 31.7.1997.
It is the case of the petitioners that vide the Government Order dated 16.2.1982, the benefit of the selection grade pay scale for different posts under the U.P. Kshetriya Yuva Kalyan Evam Pradeshik Vikas Dal, U.P., Lucknow, was made applicable with effect from 1.7.1979. So far as the post of Kshetriya Yuva Kalyan Evam Pradeshik Vikas Dal Adhikari is concerned, the selection grade pay scale was to be provided to the persons holding such post on completion of ten years of service, with the rider that the selection grade pay scale would be limited to 20% of the total number of sanctioned posts as existing on 1.4.1979. The claim of the petitioners was that though they were eligible to get the selection grade pay scale, having completed ten years of service, but they could not be allowed selection grade pay scale as they did not fall within the purview of the 20% of the total number of the sanctioned posts and accordingly they have not been provided the selection grade pay scale. By the subsequent Government Order No. 2/1480-85-82, dated 6.11.1985, amendments were effected in the above-mentioned Government Order and the benefit of the selection grade pay of Rs.510-00-675-00 was made applicable uniformally to all the persons of the department, holding the post of Kshetriya Yuva Kalyan Evam Pradeshik Vikas Dal Adhikari, on completion of ten years of service.
On the basis of the aforesaid Government Order, the Directorate issued an Office Order, dated 20.12.1985, directing that all the persons, who had completed ten years of service on the post, they may be granted selection grade pay scale. The office order dated 20.12.1985, however, limited the benefit to be applicable from 1.7.1986, without any retiral post whereas the benefit of the promotion pay scale had been made applicable from 1.7.1989. In terms of the above Government Order, by an Officer Order, salary of each of the petitioners was fixed in the selection grade pay scale of Rs.510-675, with effect from 1.7.1985 and accordingly the salary was paid from July, 1985. Pursuant to the recommendations of the IVth Pay Commission, the pay scale applicable to the post held by the petitioners was revised with effect from 1.1.1986. As a consequence thereof, the pay scale of Rs.975-00-1660 was fixed. Lateron, the Government Order dated 3.6.1989 has been issued. Paragraph-10 of the Government Order provided that the persons, who have completed ten years of satisfactory service, in the selection grade pay scale, on the post carrying the maximum pay scale of Rs.3500-00, shall be entitled for the promotional pay scale by way of personal pay benefit to them. It further provided that the selection grade pay is to be taken into account from 1.7.1982, even though the same may have actually been sanctioned prior thereto. In pursuance of the Government Order, dated 3.6.1989, the Director, Yuva Kalyan Evam Prashashkiya Samadeshta, Pradeshk Vikas Dal, Headquarter, Uttar Pradesh, issued a Circular dated 20.8.1982, addressed to the Chief Development Officers/Additional District Magistrates/District Development Officers. Pursuant to the Government Order and the Circular Letter dated 20.8.1982, issued by the Directorate, the petitioners have been granted the selection grade pay scale from 1.8.1979, on completion of ten years' length of service prior to 1.7.1979. However, the selection grade pay scale has been sanctioned with effect from 1.7.1985. The claim of the petitioners was that the selection grade pay should have been granted to them with effect from 1.7.1982, instead of 1.7.1985. Raising the grievance, the petitioners filed representation. The grievance of the petitioners has been addressed and by the office orders dated 28.5.1997 and 22.7.1997, the petitioners have been granted the selection grade pay scale from 1.7.1982, instead of from 1.7.1985 and since the petitioners have completed six years' length of service in the selection grade pay scale, they were granted the promotional pay scale also from 1.7.1988.
As a consequence of the aforesaid Government Orders, the petitioners started getting their monthly salary in the promotional pay scale of Rs.1600-00-2660-00, regularly. So far as arrears of salary was concerned, the same has not been paid and the matter relating to the arrears is pending. Meanwhile, the impugned order dated 30th August, 1997 has been passed by the Chief Development Officer, revoking the order dated 28th May, 1997 and 22nd August, 1997, which is being impugned in the present writ petition.
In the impugned Office Order, dated 30th August, 1997, there is a reference of an order dated 19th June, 1997, issued by the Director General, Prantiya Rakshak Dal/ Yuva Kalyan Evam Pradeshik Vikas Dal, U.P., Lucknow.
Since the impugned order has been passed without giving any opportunity of hearing to the petitioners, they filed a writ petition, being Writ Petition No. 33783 of 1997, which has been disposed of vide order dated 14.12.2004, directing the respondents to pass a fresh order, after providing proper opportunity of hearing to the petitioners. In pursuance thereof, the respondent no.2 has passed the impugned order dated 30th March, 2005, rejecting the Office Order, granting promotional pay scale and the selection grade pay scale to the petitioners.
Learned counsel for the petitioners submitted that the Government Order dated 4.2.1983 has been amended by the Government Order dated 17.10.1985 by which, the benefit of the selection grade pay has been provided to all the employees of the department uniformally, who were holding the post of Kshetriya Yuva Kalyan Evam Vikas Dal Adhikari, on completion of ten years of continuous regular service. This Government Order has been made applicable with effect from 1.7.1985. By virtue of Clause 1 of the said Government Order, the petitioners became entitled for grant of the selection grade. He submitted that Clause 10 of the Government Order dated 3.6.1989 further provides that those employees whose maximum revised pay scale is upto Rs.35,00/= and their services have been regularised and who have completed six years of satisfactory service from the date of getting the selection grade, such employees may be considered for promotion and for that purpose, the date of grant of the selection grade pay may be taken as 1.7.1982 or the actual date of grant of the selection grade, whichever is later. Therefore, the petitioners have claimed that under Clause 10 of the Government Order dated 3.6.1989, they may be treated to have been granted selection grade pay from 1.7.1982 and on completion of six years service from the date of grant of selection grade pay, they were eligible for the promotional pay scale with effect from 1.7.1988. The petitioners have been wrongly provided selection grade with effect from 1st July, 1985 and the promotional grade with effect from 1.7.1991. Since there was a mistake in granting the selection grade and the promotional pay scale to the petitioners, therefore, the Chief Development Officer has rightly corrected the mistake and passed the office orders dated 28.5.1997 and 22.7.1997 providing selection grade pay scale with effect from 1.7.1982 and the promotional pay scale with effect from 1.7.1988 to the petitioners. The respondent no.2 has illegally revoked the said order.
Learned Standing Counsel submitted that there is no error in the impugned order. The petitioners became entitled to get the selection grade pay scale for the first time by the Government Order dated 17.10.1985, which was enforced with effect from 1.7.1985. In pursuance of the said Government Order, all the petitioners have been provided selection grade pay scale with effect from 1.7.1985 by different orders, annexed as Annexure-3 to the writ petition. The said orders have not been disputed by any of the petitioners and as such attained finality, therefore, now it is not open to the petitioners to raise dispute that they would be entitled for selection grade pay scale with effect from 1.7.1982 and the promotional pay scale with effect from 1.7.1988. He further submitted that under Clause 10 of the Government Order dated 3.6.1989, only those employees, who have completed six years continuous satisfactory service and availed the benefit of selection grade for six years, would be entitled to get the promotional pay scale. Clause 10 of the Government Order further provides that for computation of six years continuous service of getting promotional pay-scale, 1.7.1982 or the actual date of grant of selection grade pay to the employee, whichever is latter, would be taken as the date. Since the petitioners have actually been granted the selection grade pay scale with effect from 1.7.1985, which is latter to 1.7.1982, six years period in their case would be computed from 1.7.1985, that is, the actual date of grant of selection grade pay to the petitioners. The submission made by the learned counsel for the petitioner is misconceived.
I have considered rival submissions and perused the materials on record.
It is not in dispute that the petitioners have been granted selection grade pay scale with effect from 1.7.1985 and further the promotional pay scale with effect from 1.7.1991. The short question for consideration is that whether the petitioners are entitled for grant of the selection grade pay with effect from 1.7.1982 and the promotional pay scale with effect from 1.7.1988 The undisputed fact is that the petitioners were not granted selection grade pay scale by giving the benefit of the Government Order dated 4.2.1983, though they were eligible on being completed ten years of service to their credit, because they did not fall within 20% quote of the total number of sanctioned posts, as provided under the Government Order. However, they became entitled for grant of the selection grade pay by the Government Order dated 17.10.1985, which provided the benefit of the selection grade pay to all those employees uniformally, who have completed ten years of continuous regular satisfactory service. Said Government Order has been enforced with effect from 1.7.1985, which is apparent from Clause -2 of the Government Order. By virtue of the aforesaid Government Order, the petitioners have been granted selection grade pay scale with effect from 1.7.1985, by the orders passed on different dates. Some of such orders are annexed as Annexure-3 to the writ petition. These orders have not been disputed by the petitioners. Thereafter, the petitioners have been granted the promotional pay scale, as provided under Clause 10 of the Government Order, dated 3.6.1989. Clause 10 of the said Government Order is very crucial for adjudication of the claim of the petitioners, which reads as follows:
10. ,sls deZpkjh ftuds iqujhf{kr osrueku dk vf/kdre :0 3500 rd gS vkSj tks lEcfU/kr in ij fu;fer gks pqds gS] mudh tqu 6 o"kZ dh lUrks"k tud lsok lsysD'ku xzsM ds ykHk fd frFkh ls iw.kZ gks tkrh gS izksUufr dk vxyk osrueku oS;fDrd :i ls vuqeU; fd;k tk;A lsysD'ku xzsM dh lsok dh x.kuk fnukad 1-7-82 vFkok okLrfod :i ls vuqeU; lsysD'ku xzsM dh frfFk] tks Hkh okn esa gh ls dh tk;sxhA ,sls laoxZ@in ftuds fy;s izksUufr dk dksbZ in ugha gS] mudksa ml osrueku ls vxyk osrueku ns; gksxkA mnkgj.k Lo:i ,slk in /kkjd tks iqujhf{kr orZeku ds :i esa ns; gksxkA Clause 10 of the Government Order dated 3.6.1989 is unambiguous. It, in no uncertain terms, provides that those regular employees, whose maximum revised pay scale is upto Rs.3500/=, and have completed six years' continuous satisfactory service from the date of granting the selection grade pay, would be eligible for the next promotional pay scale. For computation of the period of six years, it provided that the six years' period of service would be taken from 1.7.1982 or the actual date of the grant of the selection grade pay, whichever is latter. Admittedly, the petitioners have been granted selection grade pay with effect from 1.7.1985, which is latter to 1.7.1982, therefore, for the purposes of grant of promotional pay scale, in the case of the petitioners, actual date of grant of selection grade pay, namely, 1.7.1985 would be relevant and the same has rightly been taken initially, but subsequently has been illegally changed to 1.7.1982, without there being any basis, under some misconception. In this view of the matter, the petitioners would be entitled for the selection grade pay with effect from 1.7.1985, which has been granted to them by virtue of the Government order dated 17.10.1985 to be effective from 1.7.1985 and further would be entitled for the promotional pay scale with effect from 1.7.1991, after completion of six years satisfactory service, from the date of grant of the selection grade pay, i.e., with effect from 1.7.1985.
In view of what has been discussed above, I do not find any error in the impugned order which requires interference by this Court. In the result, the writ petition, being devoid of merits, fails and is dismissed.
No order as to cost.
Order Date :- 7th February, 2014 bgs/