Allahabad High Court
Kanhai Ram Verma vs State Of U.P. And Others on 25 February, 2020
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. - 81 Case :- WRIT - A No. - 1542 of 2012 Petitioner :- Kanhai Ram Verma Respondent :- State of U.P. and Others Counsel for Petitioner :- A.A. Siddiqui,Arun Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri Satyam Singh, the learned Standing Counsel.
The petition impugns the order of 19 September 2011 passed by the respondent no.2 negativing the claim made by the petitioner for grant of second promotional pay scale. On facts on which there is no dispute, it is admitted that the petitioner entered the service of the respondents by way of direct recruitment on 21 August 1968. He was granted his first promotional pay scale on 01 August 1994. He was also accorded an annual increment on completion of 19 years of service with effect from 01 August 1999. The grant of second promotional pay scale is provisioned for in the Government Order of 03 September 2001 and reads thus:-
"जिन्हे २४ वर्ष की सेवा पूर्ण करने की तिथि तक सीधी भर्ती के पद के सन्दर्भ में दो प्रोन्नतिय/अगला वेतनमान अथवा दो पदोन्नतियां अनुमन्य नहीं हुई हो, परन्तु जिन्हे एक प्रदोन्नति प्राप्त हो चुकी हो, और वे सीधी भर्ती के पद पर नियमित हो, उनकी २४ वर्ष की संतोषजनक सेवा पूर्ण करने की तिथि अथवा दिनांक 1-3-2000, जो भी बाद में हो, से सीधी भर्ती के पद के सन्दर्भ में द्वितीय प्रोन्नति/ अगला वेतनमान वैयक्तिक रूप से अनुमन्य करा दिया जाये। "
The respondents record that at the time when the petitioner's case was to be considered for grant of second promotional pay scale, his service records pertaining to the years 1995-96 up to 1999-2000 and the character roll entries made thereon, were not available and consequently his case could not be considered. They thereafter record that apart from good entries given to the petitioner in the years 2000-01 and 2006-07, the petitioner was awarded adverse entries in the years 2003-04, 2004-05, 2007-08 and 2008-09. They also allude to the fact that the petitioner was placed under suspension in May 2008 and continued as such till he attained the age of superannuation on 31 October 2009 whereafter he was imposed a punishment and reinstated. The punishment which is stated to have been imposed, has not been disclosed either in the impugned order or in the counter affidavit which has been filed on behalf of the respondents.
The question which therefore arises is whether the right of the petitioner to have been granted the second promotional pay scale which accrued on completion of 24 years service or 01 March 2000 whichever fall later could stand taken away on account of adverse entries which came to be recorded in the subsequent years. The answer to that question must clearly be in the negative and against the State. The right of consideration accrued on 01 March 2000. The respondents themselves record that he had been granted a good entry in the year 2000-01. Since the benefit of the second promotional pay scale accrued on 01 March 2000, it was the record of character entries which existed up to that date alone which would be determinative. The respondents do not assert that the service of the petitioner as reflected in the relevant record, was unsatisfactory as on 01 March 2000. They only allude to the adverse entries made subsequently and from the years 2003-04 and onwards. The respondents also do no rest their decision on any provision statutory or otherwise in terms of which the promotional pay scale due and payable on 01 March 2000 was liable to be denied on account of subsequent adverse entries. They also do not rest their decision on any provision or Government Order pursuant to which a promotional pay scale either granted or a right in respect thereof having accrued, was liable to be withdrawn on account of subsequent adverse entries.
In view of the aforesaid, this Court finds itself unable to countenance the impugned order and the view as expressed therein. The writ petition is accordingly allowed. The impugned order dated 19 September 2011 is hereby quashed. The respondents are commanded to consider the case of the petitioner for grant of a second promotional pay scale in accordance with the Government Order of 03 September 2001 and the observations made hereinabove.
Order Date :- 25.2.2020 Vivek Kr.