Allahabad High Court
Narottam Kumar Agarwal vs State Of U.P. Through Prin. Secy. ... on 23 September, 2014
Bench: Sanjay Misra, Amreshwar Pratap Sahi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?A.F.R.
Court No. - 4
Case :- SERVICE BENCH No. - 1063 of 2014
Petitioner :- Narottam Kumar Agarwal
Respondent :- State Of U.P. Through Prin. Secy. Irrigation Deptt. Lko. & O
Counsel for Petitioner :- Rakesh Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Misra,J.
Hon'ble Amreshwar Pratap Sahi,J.
Heard learned Counsel for the petitioner and learned Standing Counsel for the State.
The State had been granted sufficient time to file counter-affidavit and by the order dated 1.9.2014 the learned Standing Counsel was called upon to file a counter-affidavit granting only 3 weeks and no more time for the same.
The period having expired, learned Standing Counsel today again has sought further time.
We are not inclined to grant any further time to the learned Standing Counsel as we find that this case stands squarely covered by a Division Bench judgment of this Court as affirmed by the Apex Court.
The dispute in short is that the petitioner, who retired on 30.6.2014, has been denied his correct pay fixation on the ground that the petitioner was wrongly given the grade pay of Rs.8700/- w.e.f. 1.1.2006. It is this order dated 18.6.2014 which has been assailed in the present petition.
Learned Counsel has invited the attention of the Court to the Division Bench judgment in the case of Ashok Kanojia and other connected matters being Writ Petition (S/B) No. 236 of 2013, decided on 28.1.2014, a copy of the said judgment is Annexure-18 to the writ petition.
The ratio of the aforesaid judgment in the operative part is extracted here under:-
"On due consideration of the submissions made on behalf of the parties and after going through the pleadings of the writ petition and the various Government Orders, it is apparent that the petitioners who were working in the pay scale of Rs. 12000 to 16500, were given revised pay scale of Rs. 15600 to 39100 with grade pay of Rs. 7600/-, which was the normal grade of Superintending Engineer. This pay scale was upgraded to 14700-18300 and subsequently revised as 37400 to 67000 with grade pay of Rs. 8700 pertaining to the selection grade of Superintending Engineer. Thus, after the up-gradation of pay scale, there remained only one pay scale of Superintending Engineer and, thus, the petitioners were entitled to the promotional pay scale/time pay scale of Superintending Engineer which is Rs. 37400 to 67000 with grade pay of Rs. 8700. The State Government while considering the representation of the petitioners has proceeded on the assumption that the benefit of Pay Band-IV with grade pay of Rs. 8700 will not be available to such Assistant Engineers and Executive Engineers who were given personal promotion pay scale of Rs. 12000 to 16500 with grade pay of Rs. 7600. This conclusion arrived at by the opposite parties is contrary to the Government Order dated 04.05.2010.
In view of what has been discussed above, we are of the view that the opposite parties have wrongly denied the benefit of revised pay scale of Rs. 37400 to 67000 with Grade Pay of Rs. 8700 which is the only pay scale of the post of Superintending Engineer. After the up-gradation of pay scale there is only one pay scale of the post of Superintending Engineer which is 37400 to 67000 with grade pay of Rs. 8700 and the petitioners being the Superintending Engineers are entitled to get this pay scale.
In view of the Government Order dated 04.05.2010 both the writ petitions succeed.
Both the writ petitions are allowed and the impugned orders dated 21.01.2013 as contained as Annexure No. 1 to the Writ Petition No. 236 (SB) of 2013 and the Government Order dated 14.02.2013 as contained as Annexure No. 1 to the Writ Petition No. 1440 (SB) of 2013, are hereby quashed. The opposite parties are directed to make payment of salary to the petitioners in Pay Band-IV with grade pay of Rs. 8700 with effect from the date they are found eligible alongwith the arrears, if any, within three months."
The State Government against the aforesaid judgment went up in Appeal before the Apex Court, which has been dismissed on 14.7.2014; a copy of the order dismissing the Special Leave Petition is Annexure-23 to the writ petition. The order passed by the Apex Court is extracted herein below:-
"ITEM NO.32 COURT NO.10 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 15453/2014
(Arising out of impugned final judgment and order dated
28.1.2014,as corrected vide order dated 06/02/2014 in WP
No. 236/2013 passed by the High Court of Judicature at
Allahabad, Lucknow Bench)
STATE OF U.P. & ORS. Petitioner(s)
VERSUS
ASHOK KANOJIA Respondent(s)
(With appln. (s) for exemption from filing O.T. and prayer for
interim relief and office report)
Date : 14/07/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA
HON'BLE MR. JUSTICE SHIVA KIRTI SINGH
For Petitioner(s) Mr. P.P. Rao,Sr.Adv.
Ms. Sangeeta Chandra,Adv.
Mr. M. R. Shamshad,Adv.
Mr. Shashank Singh,Adv.
For Respondent(s) Mr. Pradeep Kant,Sr.Adv.
Mr. Divyanshu Sahay,Adv.
Mr. E. C. Agrawala,Adv.
Mr. Rajesh Kumar,Adv.
UPON hearing the counsel the Court made the following
O R D E R
We find no merit in this petition. The Special Leave
Petition is dismissed.
(NARENDRA PRASAD) (SHARDA KAPOOR)
COURT MASTER COURT MASTER
Date: 2014.07.14"
A perusal of the ratio of the judgment affirmed by the Apex Court clearly indicates that it is a decision between the State and the employees, who stand at par with the petitioner. It, therefore, squarely covers the present case as well.
The writ petition is allowed on the same terms. The impugned order dated 18.6.2014 is unsustainable and is hereby quashed.
The State Government and it's authorities are directed to take appropriate steps for recalculating and fixing the Pay Scale to which the petitioner is entitled keeping in view the findings recorded herein above and to make payment of arrears of salary, as also fix his pension and pay arrears thereon, with effect from the date the petitioner is found to be eligible within 3 months from the date of production of a certified copy of this order before the respondents.
Order Date :- 23.9.2014
irshad
