# Sri Surendra Prasad Dixit & Anr v. State of U.P. & Ors

- **Citation:** (2015) 2 ILRA 625
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2015-04-23
- **Case number:** C.M.W.P. No. 32284 of 2011
- **Bench:** Pradeep Kumar Singh Baghel
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/sri-surendra-prasad-dixit-anr-v-state-of-u-p-ors-43257
- **Pages:** 6

## Headnote

Constitution of India, Art.-226-Claim of
promotional pay-based upon G.O. Dated
03.09.2001-throughout service carrier they
got only one promotion-after completely 24
years
service
entitled
for
second
promotional pay of Rs. 5000-8000.
Held: Para-21 & 24

## Text

2 All] Sri Surendra Prasad Dixit & Anr. Vs. State of U.P. & Ors.
625
authority shall ensure arrangement for
disposal of pension matters within the
time schedule.
(6) The pension sanctioning authority
shall hold or cause to be held regular
monthly meeting of officers/officials, who
deal such matters, and shall take all
appropriate steps for examination and
disposal of such matters.
(7) The Principal Secretary or
Secretary, as the case may be, to the
Government in the Department concerned
shall supervise the work of the Head of
the Department/Head of the Office in
relation to all pension matters within the
time schedule."
15. In view of the above, I am of the
considered opinion that the petitioner is
entitled for interest on the delayed
payment of his post retiral benefits @ 6%
per annum from the date of his retirement
till the date of actual payment. The said
amount shall be paid to the petitioner by
the second respondent within four months
from the date of communication of a
certified copy of this order. It is open to
the State Government that after payment
of the amount of interest to the petitioner,
as directed above, it can hold an enquiry
to find out the person who is responsible
for the delay and deduct the amount of
interest from the salary/post retiral
benefits/pension of the officer/official
held responsible for the delay.
16. The writ petition is, accordingly,
allowed.
17. No order as to costs.
--------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 23.04.2015
BEFORE
THE HON'BLE PRADEEP KUMAR SINGH
BAGHEL, J.
C.M.W.P. No. 32284 of 2011
Sri Surendra Prasad Dixit & Anr.
 ...Petitioners
Versus
State of U.P. & Ors.
...Respondents
Counsel for the Petitioner:
Sri Manoj Kumar (Sharma)
Counsel for the Respondents:
C.S.C.
Constitution of India, Art.-226-Claim of
promotional pay-based upon G.O. Dated
03.09.2001-throughout service carrier they
got only one promotion-after completely 24
years
service
entitled
for
second
promotional pay of Rs. 5000-8000.
Held: Para-21 & 24
21. The fact of the case of Ram Chandra
Verma, which has been affirmed in the
Special Appeal, is applicable to the case
in hand. In the present case also, the
petitioners
were
granted
only
one
promotion although their designation
was changed as a Senior Assistant but
they remained in the same pay scale of
Rs.4500-7000. They were granted only
one promotion. The second promotion of
the petitioners in pay scale of Rs.50008000 was denied although they were
entitled for the same in terms of
paragraph no.2-A of the Government
Order dated 3.9.2001.
24. After careful consideration, I am of
the view that the petitioners are entitled
to benefit of Ram Chandra Verma's
judgment which has been affirmed in
appeal and for the law laid-down in the
above judgment. The impugned orders
dated
1.4.2011
passed
by
the
respondent no.2 (Annexure-8 to the writ
petition) and 14.3.2011 passed by the
respondent no. 4( Annexure-9 to the writ
626
 INDIAN LAW REPORTS ALLAHABAD SERIES
petition) are unsustainable under law
that need to be set aside. Accordingly,
the writ petition succeeds and is allowed
and both the orders dated 1.4.2011 and
14.3.2011 are set aside.
(Delivered by Hon'ble Pradeep Kumar
Singh Baghel, J.)
1. The two petitioners have joined
this writ petition, who have retired as a
Senior Clerk in the Irrigation Department.
They are aggrieved by the order dated
1.4.2011 passed by respondent no.2,
Superintending Engineer, Gandak Sichai
Karya Mandal-I, Gorakhpur and order
dated 14.3.2011 passed by the respondent
no.4, Executive Engineer, Barh Karya
Khand, Deoria whereby the petitioners'
claim for the second promotional pay
scale has been rejected.
2. The essential facts are that the
petitioner no. 1 was appointed as a Junior
Clerk on 10.1.1973 in the Irrigation
Department. He got his promotion on the
post of Senior Clerk on 1.9.1983.
According to the petitioner no.1, in the
revised pay, his pay was fixed in the pay
scale of Rs.4500-7000 in 1987 in terms of
the Government Order dated 23.12.1987.
The petitioner no.1 has completed his 24
years
of service on 9.1.1997. His
grievance is that in terms of the
Government Order dated 3.9.2001, he is
entitled for the next promotional pay scale
of Rs.5000-8000 as in the entire career, he
was given only one promotion. The
petitioner no.1 retired on 31.3.2008 on
attaining the age of superannuation in the
pay scale of Rs.4500 to 7000.
3. The petitioner no.2 was also
appointed as Junior Clerk on 13.1.1969 in
the same department on 14.10.1978, he
was promoted as a Senior Clerk and his
pay was fixed in Rs.4500-7000 in the year
1997. His grievance is also the same as
that of the petitioner no.1 that having
completed 14 years of service on
1.10.1992 he was entitled to higher scale
as per Government Order dated 3.9.2001
in the pay scale of Rs.5000-8000.
4. It is averred by the petitioners that
in their service tenure of more than 24
years they were given only one promotion
in the pay scale of Rs.4500-7000. Their
posts were re-designated as Senior
Assistant but their pay scale was same
with the Rs.4500-7000.
5. It is stated that the State Government
took a policy decision that to avoid
stagnation to its employees, who were not
promoted on the next post in the absence
of the promotional avenue, they were
granted time scale and the promotional
pay scale. Accordingly, a Government
Order dated 3.9.2001 was issued wherein
it was directed that all those employees,
who
were
directly
appointed
and
completed their tenure of 24 years of
service and who were granted only one
promotion in 24 years, they are entitled
for grant of time scale as provided in
clause IV of the said Government Order.
The previous and revised time scale and
next pay scale are given hereinbelow.
Rs.2750-4400
Rs.3200-4900
Rs.4500-7000
Rs.5000-8000
5. The aforesaid benefit was made
available to the eligible persons with
effect from 1.5.2000.
6. From the record it transpires that
some of the eligible persons who could
not get the benefit of the said Government
2 All] Sri Surendra Prasad Dixit & Anr. Vs. State of U.P. & Ors.
627
order, preferred the writ petition no.
36816 of 2004 (Ram Chandra Verma Vs.
State of U.P. and others) and the writ
petition no. 5934 of 2009 (Amar Bahadur
Singh Vs. State of U.P. and others).
Similar other petitions were also filed.
7. The writ petition filed by Ram
Chandra Verma and another was allowed
on 21.4.2008 and the order of the State
Government whereby their claim was
rejected, was quashed and a direction was
issued to the respondents to grant benefit
of time pay scale in terms of the
Government Order dated 3.9.2001 to the
petitioners.
8. Other writ petitions for the same
relief were also allowed by a Division
Bench of Lucknow Bench of this Court in
writ petition no.5934 of 2009 (S/S) on
17.9.2009.
9. Aggrieved by the aforesaid order,
the State preferred a Special Appeal No. 8
of 2012 (State of U.P. and others Vs. Ram
Chandra Verms) and Special Appeal No.
291 of 2012 (State of U.P. and others Vs.
Malik Shakil Ahmad). Both the Special
Appeals were dismissed on 20.5.2014.
The Division Bench found that the
petitioners have completed 24 years of
satisfactory
service
prior
to
their
retirement and they were entitled to
second promotional pay scale vide
Government Order dated 3.9.2001. There
is nothing on record to indicate that any
Special Leave Petition was filed in
Supreme Court against the order of the
special appeal.
10. A counter affidavit has been
filed wherein the respondents have taken
a stand that the petitioner no. 1 retired
from Sinchain Khand-II, Deoria. It is also
stated that the petitioner was appointed on
the post of Junior Clerk on 10.1.1973 and
he was promoted on the post of Senior
Clerk on 1.9.1983 and thus the petitioner
no.1 completed 24 years of service on
9.1.1997 and according to the provisions
of Government Order dated 3.9.2001,
petitioner is not entitled to pay scale of
Rs.5000-8000. The similar stand has been
for petitioner no.2 also. It is also stated
the competent authority has passed the
order dated 21.4.2008 in accordance with
law.
11. A supplementary counter
affidavit has been filed. The stand taken
in the supplementary counter affidavit is
that both the petitioners were appointed
on the post of Junior Clerk by way of
direct recruitment. The Petitioner no. 1
was promoted on the post of Senior Clerk
on 1.9.1983 and has completed 24 years
of service on 9.1.1997. The petitioner no.
2 before completing 10 years of service
was promoted on the post of Senior Clerk
on 14.10.1978 and the petitioners are not
entitled for higher pay scale of Rs.50008000 according to Government Order
dated 21.6.2007. The second promotional
pay scale of Rs.5000-8000 cannot be
given to the petitioners because the pay
scale
of
Rs.5000-8000
is
third
promotional pay scale. Copy of the
Government Order dated 21.6.2007 is
annexed as Annexure SCA-1. It is further
averred in the counter affidavit that the
Executive Engineer Irrigation Division-II,
Deoria issued order dated 23.2.2012
regarding grant of the second promotional
pay scale of Rs.5000-8000 to the
divisional clerk in which it has been
mentioned that after completion of 24
years of service on the post of Senior
Clerk, some of the persons were granted
pay scale of Rs.5000-8000.
628
 INDIAN LAW REPORTS ALLAHABAD SERIES
12. In paragraph no. 8 of the
supplementary counter affidavit it is
averred that on 24.2.2012 Superintending
Engineer, Gandak Sichai Karya Mandal-I,
Gorakhpur issued a notification stating
that according to the Government Order
dated 26.1.2012, the pay scale of
Rs.5000-8000 which was granted as
second
promotional
pay
scale
be
cancelled.
13. The petitioners have filed
rejoinder affidavit and the stand taken by
the respondents in the counter affidavit
has been denied. It is stated in the
rejoinder affidavit that the Government
Order dated 30.6.1989 was amended by
the Government Order dated 10.8.1989.
According to new pay scale, the pay scale
of Senior Assistant, Senior Clerk and
Junior Clerk have been revised and the
pay scale of Rs.4500-7000 is a revised
pay scale of Rs.1350-2200, therefore, it is
not a second promotional pay scale but it
is a revised pay scale. It is also stated that
the Special Appeal filed against the order
of the Learned Single Judge has been
dismissed.
14. Heard learned counsel for the
petitioner, Sri Manoj Kumar Sharma and
the learned Standing Counsel.
15. Learned counsel for the
petitioners
submits
that
both
the
petitioners were entitled for second
promotional pay
scale in terms of
paragraph no. 4 of the Government Order
dated 3.9.2001. The relevant paragraph of
the Government Order dated 3.9.2001 is
extracted hereinbelow:-
** mi;qZDr Js.kh ds in/kkjd ftUgsa 24 o"kZ dh
lsok iw.kZ djus dh frfFk rd lh/kh HkrhZ ds in ds
lUnHkZ es nks izksUurh;@vxyk osrueku vFkok nks
inksUUkfr;k vuqeU; ugh gqbZ gks] ijUrq ftUgsa ,d
inksUufr izkIr gks pqdh gks vkSj os lh/kh HkrhZ ds in
ij fu;fer gksa mudh 24 o"kZ dh lUrks"ktud lsok
iw.kZ djus dh frfFk vFkok fnukad 1-3-2000 tks Hkh
ckn esa gks] ls lh/kh HkrhZ ds in ds lanHkZ es f}rh;
izksUufr @ vxyk osrueku oS;ford :i ls vuqeU;
djk fn;k tk;A **
** 'kklukns'k fnukad 02 fnlEcj] 2000 ds
izjrj &41⁄411⁄2 esa ykxw O;oLFkkuqlkj vxys osrueku
dh vuqeU;rk ds ekeyksa esa osrueku :0 2750&
4400 rFkk :0 4500&7000 ds fy;s vxyk osrueku
dze'k% :0 3200&4900 rFkk :0 5000&8000 ekuk
tk;A **
16. Earlier the pay scale of Senior
Clerk was Rs.430-685 which has been
revised in the year 1989 vide Government
Order dated 10.8.1989. The enclosures of
Government
Order
dated
10.8.1989
indicate that the pay scale of Rs.430-685
of the Senior Clerk mentioned at item no.
94 has been revised as Rs.1200-2040 and
the pay scale of Rs.354-550 of Junior
Clerk mentioned at item no. 95 has been
revised as Rs.950-1500. It is important to
note that at item no. 93, the post of Senior
Assistant is also mentioned and its prerevised pay scale of Rs.470-735 has been
revised as Rs.1200-2040 which is same
pay scale of the Senior Clerk. This fact is
evident from the enclosures of the
Government Order dated 10.8.1989 which
is on the paper book at page130.
17. On 19.10.1991 the State
Government
amended
the
previous
Government Order dated 10.8.1989 and
by the said amendment the pay scale of
the Senior Assistant and Head Clerk was
revised from Rs.1200-2040 to 1350-2200.
18. The State Government in
compliance of the VIth Pay Commission
issued
a
Government
Order
dated
23.12.1997, which is on the record. The
pay scale of Rs.1350-2200 has been
2 All] Sri Surendra Prasad Dixit & Anr. Vs. State of U.P. & Ors.
629
shown at serial No.10 which was revised
as Rs.4500-125-7000 from 1.1.1996. It is
evident from the Government Order dated
23.12.1987 that the petitioners' pay scale
Rs.1350 to 2200 was revised to Rs.45007000 with effect from 1.1.1996. This fact
has been considered by this Court in the
writ petition no.36816 of 2014 the Court
while allowing the writ petition has issued
the following directions.
Accordingly, this writ petition stands
allowed. The order dated 13.1.2003 is
quashed in so far as it relates to the
petitioners.
It
is
directed
that
the
respondents shall grant the petitioners the
benefit of the time pay scale in terms of
the Government Order dated 3.9.2001.
Necessary orders may be passed by the
respondent-authorities within two months.
The arrears shall be paid to the petitioners
within three weeks thereafter. However,
the current enhanced salary shall be paid
to the petitioners immediately. However,
there shall be no order as to costs.
19. Being dissatisfied with the
judgment of Learned Single Judge, a
Special Appeal was filed. The Division
Bench has extracted the ground nos. 4 and
5 of the said Special Appeal. Incidentally,
the same stand has been taken in the
impugned order. Paragraph no. 4 of the
judgment of the Division Bench is
extracted hereinbelow.
"4. In the memo of appeal of Special
Appeal No.8 of 2012 it is stated in ground
nos. 4 and 5 as follows:-
4. Because, admittedly here in the
instant case the petitioner/respondent no.
1 was initially appointed on the post of
Junior Clerk on 11.9.1973 in the pay scale
of Rs.3050-4590 and where after the
petitioner/respondent no.1 was given first
promotion on the post of Senior Clerk in
the pay scale of Rs.4000-6000, whereafter
on
completion
of
14
years
satisfactory
service
the
petitioner/respondent no.1 was further
granted second promotional pay scale of
Rs.4500-125-7000 w.e.f. 1.9.1997, which
is admissible to Senior Assistant. Keeping
in view the aforesaid facts and reasons the
petitioner/respondent
no.1
was
not
eligible for the benefit of Time Pay Scale
as he has already been granted two
promotional pay scale, but the learned
Single Judge in ignoring to consider it has
committed a manifest error of law causing
grave injustice to the State.
5.Because,
admittedly
the
petitioner/respondent no. 2 was initially
appointed on the post of Junior Clerk on
11.8.1972 in the pay scale of Rs.30504590
and
thereafter,
the
petitioner/respondent no. 2 was further
promoted on the post of Senior Clerk in
the pay scale of Rs.4000-6000 on
27.6.1979 and where-after on completion
of 14 years satisfactory service the
petitioner/respondent no. 2 was granted
second promotional pay scale of Rs.45007000 admissible to Senior Assistant.
Keeping in view the aforesaid facts and
reasons the petitioner/respondent no.2
was also not eligible for the benefit of the
Time Pay Scale."
20. The said plea has been rejected
by the Court on 20.5.2014 in the
following terms:-
"7. By the Government Order dated
19.10.1991 the post of Senior Assistant at
serial no. 93 was given the pay scale on
its
revision
from
Rs.1200-2040
to
Rs.1350-2200. The pay scale of Senior
Clerk was not changed and remained the
same as Rs.1200-2040. The pay scale of
630
 INDIAN LAW REPORTS ALLAHABAD SERIES
Rs.1200-2040 was revised on 3.12.1997
w.e.f. 1.1.1996 to the pay scale of
Rs.4500-7000. This pay scale was thus
the first promotional pay scale for the
Senior Clerks. It was a revised pay scale
and was not the promotional pay scale."
"The words "the pay scale of Senior
Clerk was not changed and remained the
same as Rs.1200-2040" and "1989"
occurring in 2nd, 3rd and 4th line of para7 of the judgment dated 20.5.2014 shall
be read as "the pay scale of Senior Clerk
was also changed from Rs.1200-2040 to
Rs.1350-2200" and "1996".
This order shall be treated as part of
the order dated 20.5.2014. A certified
copy of this order shall be issued along
with the copy of order dated 20.5.2014."
21. The fact of the case of Ram
Chandra Verma, which has been affirmed
in the Special Appeal, is applicable to the
case in hand. In the present case also, the
petitioners
were
granted
only
one
promotion although their designation was
changed as a Senior Assistant but they
remained in the same pay scale of
Rs.4500-7000. They were granted only
one promotion. The second promotion of
the petitioners in pay scale of Rs.50008000 was denied although they were
entitled for the same in terms of
paragraph no.2-A of the Government
Order dated 3.9.2001.
22. The contention of the learned
Standing
Counsel
that
since
the
petitioners were promoted on the post of
the Senior Assistant, therefore, they have
got the promotion is misconceived. From
a perusal of the Government Order dated
10.8.1989 it is manifestly clear that the
pay scale of the Senior Assistant, Senior
Clerk is same i.e. Rs.1200-2040 which
was revised by the Government Order
dated 19.10.1991 to Rs.1350-2200. Vide
Government Order dated 23.12.1997, the
pay scale of Rs.1350-2200, which was the
pay scale of Senior Assistant and Senior
Clerk, was revised to Rs.4500-7000.
23. In view of the above, the
submission of the learned Standing
Counsel that the petitioners were granted
second promotion is not correct.
24. After careful consideration, I am
of the view that the petitioners are entitled
to benefit of Ram Chandra Verma's
judgment which has been affirmed in
appeal and for the law laid-down in the
above judgment. The impugned orders
dated 1.4.2011 passed by the respondent
no.2 (Annexure-8 to the writ petition) and
14.3.2011 passed by the respondent no. 4(
Annexure-9 to the writ petition) are
unsustainable under law that need to be
set aside. Accordingly, the writ petition
succeeds and is allowed and both the
orders dated 1.4.2011 and 14.3.2011 are
set aside.
25. For the reasons stated above,
direction
is
issued
to
the
State
Government
to
pay
the
second
promotional pay scale i.e. Rs.5000-8000
to both the petitioners as this Court has
directed in the case of Ram Chandra
Verma, which has been affirmed in
Special Appeal.
26. The State Government shall pay
regard to the fact that both the petitioners
have
retired,
therefore,
the
next
promotional pay scale of Rs.5000-8000
shall
be
given
to
the
petitioners
expeditiously but not later than three
months from the date of communication
of this order.
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