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Uttarakhand High Court
WPSS/1782/2011 on 10 February, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:724
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS/1782/2011
Hon'ble Manoj Kumar Tiwari, J
1. Mr. Aakash Sanwal, Advocate
holding brief of Mr. Aditya Singh, learned
counsel for the petitioner.
2. Mr. Pradeep Hairiya, learned
Standing Counsel for the State of
Uttarakhand.
3. By means of this writ petition,
petitioner has sought the following
reliefs:-
(i) Issue a writ order or direction in the nature of
certiorari quashing the impugned order dated
11.8.2011 issued by the respondents annexed
as Annexure No. 6 to the writ petition so far it
relates to the petitioner.
(ii) Issue a writ order or direction in the nature of
mandamus commanding the respondent no. 2
to reconsider the representation of the
petitioner for the grant of III Grade Pay under
the Government order dated 8.3.2011 as
enforced w.e.f. 1.9.2008.
4. Petitioner was initially appointed as
Draftsman in Urban Land Ceiling
Department in the year 1976 and he
retired from the post of Junior Engineer
(Technical) on 28.02.2011.
5. According to petitioner, he was not
given benefit of 3rd ACP in terms of
Government Order dated 08.03.2011. He
has challenged the decision taken by
Departmental Screening Committee in its
meeting held on 11.08.2011, whereby
his claim was disallowed.
6. Mr. Subhash Chandra, Deputy
Secretary, Urban Development has filed
counter affidavit on behalf of respondent
2026:UHC:724
nos. 1 & 2. The stand taken in para 2 of
the counter affidavit is that, petitioner
was given three financial upgradations
during his service career. Para 2(I), 2(K),
2(L) and 2(M) of the counter affidavit are
extracted below for ready reference:-
(I) That from bare perusal of the aforesaid facts it comes
out that the petitioner was appointed on the payscale
of Rs. 4000-6000 (amended) (revised payscale Rs.
5200-20200, grade pay Rs. 2400) and thereafter he
was provided the payscale of Rs. 4500-7000
(amended) (revised payscale Rs. 5200-20200, grade
pay Rs. 2800 on personal basis w.e.f. 1/1/1986 and
after that w.el.f. 11.01.1993 the payscale of Rs. 5000-
8000 (amended) (revised Rs. 9300-34800, grade pay
Rs. 4200) and thereafter from 11/1/2001 the payscale
of Rs. 8000-13500 (amended) (revised pay band of
Rs. 15600-39100 grade pay Rs. 5400). It means after
appointment the petitioner has been granted three
higher payscales from the payscale of Rs. 4000-6000
(amended).
(K) That it is further stated that in the aforesaid
Government Order there is a provision of granting 3
higher grade pay on the completion of 10, 18 and 26
years of services prior to 1/9/2008 and further as per
the provisions of the para 5(1) of the Government
Order dated 8/3/2011 the respondent no. 2
constituted a Screening Committee for granting the
aforesaid benefits to the employees and the Screening
Committee after going through the records of the
persons who made representation for the same found
that the petitioner after completion of 16 years
services has been given 1st promotional payscale of
Rs. 5000-8000 (amended) (as per the 6th Pay
Commission pay band of Rs. 9300-34800 grade pay
Rs. 4200) w.e.f. 11/1/1993 thereafter after
completion of 24 years of services he has been
provided the second promotional payscale of Rs.
8000-13500 (amended) (as per the 6th Pay
Commission pay band of Rs. 15600 and 39100 grade
pay Rs. 5400) w.e.f. 11/1/2001. The aforesaid
payscale of Rs. 8000-13500 has been granted to the
petitioner w.e.f. 11/1/2001 in pursuance of the order
of this Hon'ble High Court dated 2/5/2008, whereas
he was entitled for the payscale of Rs. 5500-9000 (as
per the 6th Pay Commission pay band of Rs. 9300-
34800, grade pay Rs. 4200).
(L) That the Screening Committee also found that under
Government Order dated 8/3/2011 the petitioner was
entitled for 3rd grade pay of Rs. 4600, (payscale Rs.
7450-225-11500) w.e.f. 1/9/2008 after completion of
26 years of services, but the petitioner is getting one
more higher pay band of Rs. 15600-34100, grade pay
Rs. 5400 w.e.f. 11/1/2001 as per the directions of
Hon'ble Court and further since the Screening
Committee found that the petitioner is already getting
2026:UHC:724
the more benefit from the Department, therefore, the
Screening Committee did not recommend the matter
of petitioner for granting next grade pay of Rs. 6600.
A copy of the minutes of meeting of the Screening
Committee dated 11/8/2011 is being filed herewith
and marked as ANNEXURE NO. C.A.-8 to this affidavit.
(M) That it is stated that since the petitioner after
completion of 26 years services is getting the grade
pay of Rs. 5400 w.e.f. 11/1/2001 whereas as per the
Government Order dated 8/3/2011 he was entitled for
the same w.e.f. 1/9/2008, therefore, in any case he
cannot be given the next grade of Rs. 6600, therefore,
in view of the same the writ petition is devoid of merit
and is deserves to be dismissed.
7. The decision taken by Departmental
Screening Committee is on record as
Annexure 6 to the writ petition. The
reason indicated for not recommending
petitioner's claim for further financial
upgradation is that petitioner was given
first promotion pay scale w.e.f.
11.01.1993 and thereafter second
promotion pay scale w.e.f. 11.01.2001. It
further reveals that pay scale of ₹15600-
39100, Grade Pay of ₹5400 was also
given to him, as third financial
upgradation.
8. Since as per the applicable policy, a
Government Servant is entitled to three
financial upgradations only, which were
granted to petitioner before filing the writ
petition, therefore, his claim for further
financial upgradation was without any
substance. Thus, the decision taken by
Departmental Screening Committee
cannot be faulted.
9. In such view of the matter, this
Court does not find any reason to
interfere in the matter. The writ petition
fails and is dismissed.
(Manoj Kumar Tiwari, J)
10.02.2026
Aswal
NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
SINGH
UTTARAKHAND,
2.5.4.20=eacc6757ee7881e933ff8934f0747
7005aa85f9802a3a08b08d1369512ea30f3,
postalCode=263001, st=UTTARAKHAND,
serialNumber=44EB54CBF00B7698CB6F10
ASWAL
C2CE3D26F5C22DACF4F4610C1FE58A585
31726FBB0, cn=NITI RAJ SINGH ASWAL
Date: 2026.02.11 03:14:34 -08'00'
2026:UHC:724
