Uttarakhand High Court

Vinod Kumar Sharma And Others ... vs State Of Uttarakhand And Others on 22 May, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

  HIGH COURT OF UTTARAKHAND AT NAINITAL

            Review Application (MCC) No. 9841 of 2024
                                In
               Writ Petition (S/S) No. 3528 of 2018


Vinod Kumar Sharma and others                             .....Petitioners

                                 Versus

State of Uttarakhand and others                       ........Respondents

Present:-
            Mr. Dinesh Gahtori, Advocate for the petitioners.
            Mr. Narain Dutt, Standing Counsel for the State/review
            applicant.



Hon'ble Ravindra Maithani, J. (Oral)

Heard on Delay Condonation Application 9843 of 2024.

2. There are good grounds to condone the delay in filing the

review application. The delay condonation application is allowed. The

delay in filing the review application is condoned.

3. Instant writ petition was decided on 10.07.2024.

4. Now a Review Application No. 9841 of 2024 has been

filed.

5. In the petition, the petitioners had challenged the

Government Order dated 24.07.2017, by which the respondents State

rejected the representation of the petitioners for claiming the benefit

of the Government Order dated 27.07.2015. The petitioners have also

claimed the benefit of the Government Order dated 26.07.2015, by

which the grade pay of two cadres have been increased. The facts

have been stated in the judgment dated 10.07.2024 of this Court in

para 3 as follows:

"3. It is the case of the petitioners that initially they were appointed on the post of Assistant Operator in the UPRS Department on 03.08.2009. Thereafter, they were promoted to the post of Head Operator in the month of July, 2013. They are part of Police Department; they are governed by the Uttar Pradesh Police Radio Subordinate Service Rules, 1982 ("1982 Rules"), which were framed under the U.P. Provincial Armed Constabulary Act, 1948. In the UPRS Department, there are various posts namely, Assistant Radio Officer, Radio Inspector, Radio Anurakshan Adhikari, Radio Kendra Adhikari, Head Operator/Mechanic and Assistant Operator."

6. Now, review application has been filed on the ground that

the respondents/State has got certain information which was not

available when the petition was decided and it makes out a ground for

review. In paras 4, 5, 6, & 7 of the review application the following

grounds have been taken as follows:-

"4. Because this Hon'ble court has relied upon certain parts of the information provided to Mr. Dinesh Gahtori, Counsel for the Petitioners under the R.T.I Act (Right to Information Act, 2005). However, the paragraph no 4 of the impugned Government Order dated 24-7-2015 (annexure no 8 of the writ petition) in which it clearly mentioned that benefit of the Government Order dated 27-7-2015 (annexure no 5 of the writ petition), upgrading grade pay from Rs.4200/ to Rs. 4600/ already been given to the personnel appointed as Constable and Head Constable in all branches of police like Intelligence Department/PAC/IRB/FIRE/Transport Branch of Police Department etc in form of the ACP/ under the provisions of the ACP scheme and on same line, they (petitioners) should also be given the benefit of upgrading the grade pay from Rs.4200/ to Rs. 4600, was not considered and deliberated in the judgment and order dated 10-7-2024.

5. Because the benefit of the Government Order dated 27-7-

2015 (annexure no 5 of the writ petition) was given to drivers, constables, head constables, Fireman etc either who were in the cadre of sub inspector or to those who were getting grade pay of Rs. 4600 of Sub Inspector by virtue of benefits of Assured Carrier Progression (ACP) scheme irrespective of their post. Petitioners were also benefitted by this provision of

Assured Carrier Progression (ACP)/MACP Scheme. Vide order dated 21-10-2023, on the recommendation of screening committee, on completion of 10 years of regular and satisfactory service from the date of joining in promotional head operator post/additional Sub Inspector, the benefit of second Modified Assured Career Progression (MACP) Grade pay of Rs. 4600/ accorded to the Petitioners (figured at Sr no. 2, 3, 4, 18, 20, 35, 55, 57 and 59 except the Petitioner no 1 Vinod kumar Sharma who resigned from the department in the year 2019 and presently posted in Law Department, Dehradun Uttarakhand) as per provisions of Government Order dated 17-2-2017 related to MACP Scheme and clause 01 of the Government Order dated 27-7-2015 (annexure no 5 of the writ petition), which clearly and specifically stated that the salary of the concerned posts holders in police department i.e. Civil Police/ Communication/PAC/Fire service/IRB/Transport/Mounted Police/ Ministerial etc will be determined as per the arrangements mentioned in the government order dated 17 October 2008 and orders issued from the time to time by the finance department, Uttarakhand Government.

6. Because it is the case of the Review applicants that they have discovered new and important matter i.e. order dated 21-10- 2023 granting benefit of Grade pay of Rs.4600/- in form of MACP to the petitioners, which after excise due diligence could not be brought to the notice of the Hon'ble Court at the time of passing of the judgment and order dated 10-7-2024.

7. Because during pendency of the present writ petition, the petitioners have also granted benefit of Rs.4600/- under the clause -1 of the GO dated 27-7-2015 in form of MACPs benefit vide order dated 21-10-2023 and averment of paragraph no.4 of the impugned order dated 24-7-2017 have not been considered by this Hon'ble Court, the applicants are not in position to assail such judgment by way of Special Appeal. In such circumstance, if Special Appeal is filed, appellate court not effectively adjudicated the appeal. Thus, the review applicants fulfilled the basic legal requirement and review application under Order 47 Rule 01 of CPC is maintainable."

7. Learned counsel for the petitioners would submit that

under the Right to Information Act, 2005, the information which was

supplied to learned counsel for the petitioners was on different facts. It

was not with regard to the applicability of the Government Order dated

24.07.2017. Learned counsel would submit that this Court in paras 11

and 12 of the judgment referred to those information and further it

has been discussed in para 19 of the judgment.

8. Learned counsel for the petitioners would submit that on

the one hand, the respondents/State claims that the benefit of the

Government Order dated 27.07.2015 has been granted to the

petitioner w.e.f. 21.10.2023 and on the other hand, they claim that the

petitioners are not entitled to it. It is submitted that it is so stated in

para 7 of the review application.

9. The scope of review is quite limited. Based on error

apparent on the face of it only, an order or judgment may be reviewed.

10. It is true that in paras 11 and 12 of the judgment dated

10.07.2024, this Court has referred to the arguments raised on behalf

of the petitioners and also referred to the documents as placed and

reference to such documents has also been made in para 19 of the

judgment. But, the Court had mainly decided the issue based on

impugned Government Order dated 24.07.2025. It has been discussed

in para 18 of the judgment as below:-

"18. In the impugned rejection order dated 24.07.2015 (at

Annexure No.8 to the writ petition), the grounds which have been

mentioned in para 5 of this impugned order are, in fact, self-

contradictory. On the one hand, in para 5, sub-clauses (1), (2) and

(3), it is stated that the petitioners are not part of the Civil Police

Department, their nature, duties, cadres and Rules are different, but

in para 5, sub-clause (4), the respondent State admits that Radio

Anurakshan Adhikari and Radio Kendra Adhikari have been given

benefit of GO dated 27.07.2015 so as to remove the pay anomaly.

State has not filed any separate GO by which such anomaly was

removed, which means that by virtue of GO dated 27.07.2015, of

which benefit the petitioners seek, the Grade Pay of Radio

Anurakshan Adhikari and Radio Kendra Adhikari was enhanced. GO

dated 27.07.2015 is Annexure No.5 to the writ petition. It has not

been issued to remove the pay anomaly of Radio Anurakshan

Adhikari and Radio Kendra Adhikari. It is the simplicitor GO for

enhancing Grade Pay of Officers of different cadre. Therefore, the

ground of rejection of the representations of the petitioners does not

merit any acceptance."

11. Bare perusal of the impugned judgment reveals that, in

fact, there is no error apparent on the face of the record, which may