LAWS(UTN)-2021-12-43

STATE OF UTTARAKHAND Vs. SHRISH KUMAR

Decided On December 13, 2021
STATE OF UTTARAKHAND Appellant
V/S
Shrish Kumar Respondents

JUDGEMENT

(1.) The State is aggrieved by the order, dtd. 24/12/2020, passed by the Uttarakhand Public Services Tribunal, Bench at Nainital, whereby the learned Tribunal has not only allowed the Claim Petition filed by the respondent-claimant, but has also directed the State to sanction and grant pay scale of Rs.15600.0039100 with grade pay of Rs.7600.00 from the date his juniors were granted, i.e. with effect from 31/3/2014, to the claimant. The said benefit had to be paid to the claimant within four months from the date of production of the certified copy of the said order.

(2.) Briefly, the facts of the case are that according to the claimant, he is a member of the State Civil Service (Executive Branch). On 11/2/2004, he was promoted on ad-hoc basis to the post of Deputy Collector. Subsequently, on 1/3/2007, he was regularly promoted to the said post. By order dtd. 26/4/2012, he was granted a senior pay-scale of Rs.15600.0039100 with Grade Pay of Rs.6600..00

(3.) On 29/7/2016, a Selection Committee held its meeting for recommending the scale/grade pay of Rs.15600.0039100 with Grade Pay of Rs.7600..00 After considering the records of thirty-two officers, the Committee recommended the selection scale for thirty officers. The recommendation with regard to the claimant was kept in a sealed cover envelope inter alia on the ground that a disciplinary proceeding was pending against the claimant. On the basis of the recommendations made by the Committee, thirty officers were granted the selection scale of Rs.15600.0039100, with Grade Pay of Rs.7600,.00vide order dtd. 2/8/2016.