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5. Earlier on 25.07.2025, this Court has passed the following order:-

"1. Heard learned counsel for petitioner, learned State Counsel for opposite parties.

2. Petition has been filed challenging order dated 30.01.2024 and a direction for payment of salary to petitioner ignoring the said order.

3. It has been submitted that petitioner had initially been appointed on the post of Workshop Instructor (Blacksmith) on 14.05.1986.

4. Learned counsel has adverted to the U.P. Technical Education Gazetted Officers Service (first amendment) Rules, 1998 to submit that said Rules prescribe eligibility for promotion on the next higher post of Workshop Superintendent and adverted to category 13 to submit that said post prescribed 25% recruitment through promotion from such substantively appointed Workshop Instructors, who are in the pay scale of Rs.5,000-8,000 and had ITI Certificate or equivalent thereto as well as having completed 15 years of minimum services as Workshop Instructor.

7. Learned State Counsel has refuted submissions advanced by learned counsel for petitioner placing reliance on the counter affidavit filed and in pursuance thereof, it is submitted that although the provisions of the Government Order dated 03.06.1989, 02.12.2000 and 20.08.2004 and in terms of U.P. Technical Education Gazetted Officers Service Rules, 1990 as amended in the year 1998 clearly prescribed that promotion to the post of Lecturer from Assistant Lecturers similar as from Workshop Instructor to Workshop Superintendent are based on seniority-cum-merit as well as qualification/higher qualifications/merit, the Assistant Lecturers can come within consideration of zone of promotion but the post of Lecturer is not the promotional post for Assistant Lecturers. Analogy of the aforesaid posts in parity with that of posts similar to petitioner has been drawn. It has been further submitted that just like the post of Assistant Lecturers, promotion to the post of Workshop Superintendent from that of Workshop Instructor is based on seniority-cum-merit but not all Workshop Instructors would be eligible for promotion on the post of Workshop Superintendent. It is submitted that promotional post is one in which all the persons in order of seniority come within the consideration zone. He has also adverted to the service rules to submit that promotion to the post of Workshop Superintendent is required to be from such Workshop Instructor's who have completed 15 years of substantive service on the post of Workshop Instructor and therefore, there is no occasion to automatically grant the promotional pay scale after only 14 years of service as Workshop Instructor.

11. In the present case, it is evident that earlier the post of Workshop Superintendent and criteria for promotion was indicated in the service Rules of 1990 in category (xiv) where 25% of the posts were required to be filled by promotion through Commission on the basis of merit from amongst substantively appointed Instructors, Assistant Lecturers etc. The aforesaid rules were thereafter amended in the year 1998 vide notification dated 17.12.1998 whereby the amendment incorporated was ITI qualified Workshop Instructors to be promoted on the post of Workshop Superintendents which carried the pay scale of Rs. 5,000-8,000/-. The amendment also indicated that for purposes for eligibility for such promotion, the work person should have completed 15 years of substantive service as a Workshop Instructor.

20. Evidently, cancellation of pay scale granted to petitioner earlier in the year 2003 on such a ground is erroneous.

21. The second ground taken in the counter affidavit is that the Service Rules as amended in the year 1998 provided for recruitment on the post of Workshop Superintendent from such Workshop Instructors who had completed 15 years of substantive service on the post of Workshop Instructor and therefore, there is no occasion to grant the promotional pay scale prior to that upon completion of 14 years of service.