Uttarakhand High Court
WPSB/501/2021 on 12 April, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
WRIT PETITION (S/B) NO. 501 OF 2021
12TH APRIL, 2023
Between:
Sudesh Kumar Sharma ...... Petitioner
and
State of Uttarakhand & others ...... Respondents
Counsel for the petitioner : Mr. Piyush Tiwari, learned counsel
Counsel for the respondents : Mr. S.S. Chauhan, learned Deputy
Advocate General for the State of
Uttarakhand
: None present for respondent Nos.
2 and 3
The Court made the following:
JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)
The petitioner has preferred the present writ
petition, firstly, to assail the review committee
recommendation dated 01.03.2021, and the order dated
24.03.2021, passed by respondent Nos. 2 and 3, i.e.,
the Managing Director and Deputy Chief Personal Officer
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of the Uttarakhand Seeds and Tarai Development
Corporation Limited, whereby it was held that the
petitioner would be entitled to the 3rd ACP benefit w.e.f.
14.02.2016, and not 14.02.2015. The petitioner also
seeks a direction to the respondents to pay him the 2nd
ACP benefit in Pay Band 3 in the pay scale of Rs. 15600-
39100 in Grade Pay of Rs. 6600/- w.e.f. 01.09.2008,
and 3rd ACP benefit in the Pay Band 3 in the pay scale of
Rs.15600-39100 in the Grade Pay of Rs. 7600/- w.e.f.
14.02.2015, till the date of his superannuation. He also
seeks payment of the arrears with interest at the rate of
9% per annum.
2) The contesting respondents are respondent
Nos. 2 and 3, who have filed their counter-affidavit on
record. Perusal of the said counter-affidavit shows that
the 1st ACP benefit was approved in favour of the
petitioner on 20.06.2005 w.e.f. 14.02.2003. It is also
seen that the 2nd ACP benefit was given to the petitioner
w.e.f. 10.10.2011. However, on the representation of
the petitioner, the same stands amended, and he has
been granted the said benefit from 01.09.2008, which is
the date of implementation of the ACP Scheme by the
respondent Corporation. It is further seen that there was
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departmental proceedings held against the petitioner,
which eventually led to recovery of Rs. 5335/- from him
vide order dated 20.03.2014. In view of the said order,
for the year 2014-15, the service of the petitioner was
found to be unsatisfactory due to which the 3rd
increment on completion of 26 years of service was
recommended on 14.02.2016, instead of 14.02.2015.
3) In our view, since there was an adverse entry
in the petitioner's service book, he could not have been
granted the benefit of the 3rd ACP on 14.02.2015, and he
was rightly granted the same only on 14.02.2016.
4) Learned counsel for the petitioner submits that
the respondent Nos. 2 and 3 have admitted in para 10 of
their counter-affidavit that the benefit of the 2nd ACP in
Grade Pay of Rs. 6600/- has been admitted w.e.f.
01.09.2008, and the benefit of the 3rd ACP has been
accepted in the Grade Pay of Rs. 7600/- w.e.f.
14.02.2016. Yet, the petitioner submits, that the
arrears have not been paid to the petitioner, till date.
5) In the light of the aforesaid stand of
respondent Nos. 2 and 3, there can be no justification
for withholding the arrears of the ACP benefits to which
the petitioner is entitled.
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6) We, accordingly, dispose of this petition with a
direction to respondent Nos. 2 and 3 to pay to the
petitioner the arrears of the 2nd and 3rd ACP benefit
w.e.f. 01.09.2008 and 14.02.2016, respectively, if not
already paid. In case, the same are not paid during the
next eight weeks, the petitioner would also be entitled to
interest at the rate of 6% per annum on the outstanding
dues from today onwards. This order be communicated
to respondent Nos. 2 and 3 by the Court for compliance.
________________
VIPIN SANGHI, C.J.
_________________
ALOK KUMAR VERMA, J.
Dt: 12th APRIL, 2023
Negi
