WPSS/587/2022
2022 Latest Caselaw 3689 UK

               Office Notes,
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      Date                                   COURT'S OR JUDGES'S ORDERS
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                                 WPSS 587/2022
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Alok Mahra, Advocate, for the petitioners.

Mr. N.P. Sah, Standing Counsel, for the State/respondents no. 1 to 3.

Petitioners were appointed as Group 'D' employee in a government aided polytechnic, namely, Kanhaiya Lal Polytechnic, Roorkee, District Haridwar between 1984 to 1997. According to them, Group 'D' employees serving in Government Departments and Government Aided Educational Institutions were granted th benefit of 6 Pay Revision w.e.f. 1.1.2006 and they were given revised pay scale w.e.f. 1.1.2006, however, petitioners, who are serving in Government Aided Polytechnic were denied similar treatment and they were granted benefit of 6th Pay Revision w.e.f. 1.12.2015. Thus, they have challenged the Government Order dated 13.7.2017, which provides that benefit of Pay Revision would be given to Group 'D' employees serving in Kanhaiya Lal Polytechnic only w.e.f. 1.12.2015.

Learned Counsel for the petitioners has referred to a judgment, rendered by a coordinate Bench of this Court in WPSS No. 1907 of 2016 (Anil Kumar Saxena & Another v. State of Uttarakhand & Others). He submits that petitioners in the said writ petition were also Group 'D' employees of Kanhaiya Lal Polytechnic and they had sought benefit of pay revision w.e.f. 1.1.2006 and their writ petition was allowed by coordinate Bench vide judgment dated 31.12.2020. Paragraph 19 of the said judgment is reproduced below:

"Thus, the writ petition is allowed. A writ of mandamus is issued to the respondents to grant the benefit of revised pay scale of Pay Band I, to the petitioners with effect from 01.01.2006, to that extent the Government Order No.629/XLI and 17-40/2014 is modified in it applicability with effect from 01.01.2006 in place of 01.12.2015."

Learned Counsel for the petitioners submits that the present writ petition deserves to be allowed in terms of the aforesaid judgment dated 31.12.2020.

A counter affidavit has been filed on behalf of Principal Secretary, Department of Training and Technical Education (respondent no. 2). In para 5 of the counter affidavit, it is admitted that the aforesaid judgment of the coordinate Bench, relied by petitioners, has been complied with, however, such compliance is subject to outcome of appeal preferred by the State.

Since petitioners in the present case are identically placed Group 'D' employees serving in Kanhaiya Lal Polytechnic, therefore, their writ petition also deserves to be decided in terms of the judgment dated 31.12.2020, rendered in the writ petition filed by other Group 'D' employees serving in the said institution.

Accordingly, present writ petition is decided in terms of the judgment dated 31.12.2020, rendered in WPSS No. 1907 of 2016.

(Manoj Kumar Tiwari, J.) 18.11.2022 Pr