KESAR SINGH RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner has filed instant writ petition seeking following reliefs:

(2.) Brief facts, leading to filing of the writ petition, are that the petitioner is presently working on the post of Draftsman in the Geological and Mine Works Unit, Directorate of Industry, Uttarakhand, Dehradun. Petitioner was granted second promotional pay scale vide order dated 15.10.2008 after completion of continuous 24 years of satisfactory service in the department. The aforesaid second promotional pay scale was granted to the petitioner in view of the Government Order dated 02.12.2000 issued by erstwhile State of Uttar Pradesh, which was also adopted by the State of Uttarakhand on 12.03.2001. It is averred that the petitioner was granted second promotional pay scale w.e.f. 01.10.2008 in the pay scale of Rs.8000-275- 13500 and prior to this scale petitioner was getting his salary on the pay scale of Rs.5000-150-8000. Subsequently, after recommendation of the Sixth Pay Commission, the pay scale of Rs.8000-275- 13500 was revised to Rs.15600-39100 and, as such, the petitioner became entitled to the pay scale of Rs.15600-39100 on the basis of his revised pay scale of Rs.8000-275-13500 which was granted to him vide order dated 15.10.2008 by the order of Deputy Director of Geological and Mines Works Unit, Directorate of Industries, Uttarakhand.

(3.) It is further averred that State of Uttarakhand took a decision to implement the recommendations of Sixth Pay Commission for which a Pay Fixation Committee was constituted by the State of Uttarakhand, who submitted its recommendation to the State Government. Thereafter, the State of Uttarakhand on 17.10.2008, issued a G.O. for its adoption for fixing pay bands to different employees in the State. It is stated that the recommendation of Pay Fixation Committee, which was adopted by the State of Uttarakhand on 17.10.2008, was enforced by the State of Uttarakhand vide memorandum dated 22.10.2008. On 17.10.2008 an amended Government Order was issued by the State Government whereby on the basis of the recommendations of the Pay Fixation Committee revised pay scales to the government employees were sanctioned w.e.f. 01.01.2006, but vide paragraph 13 of the aforesaid G.O. granting of the time scale to the employees of the State Government was abolished. It has been specified in the said amended Government Order that an incumbent to whom time scale has already been granted prior to 31.08.2008 shall be considered for the purpose of fixation of his pay scale as per recommendation of the Pay Fixation Committee.