KISHAN LAL Vs. STATE

JUDGEMENT

(1.) Brief facts of the case are that the petitioner has been appointed as a driver, by way of direct recruitment in the office of Distrtict Development Office Moradabad, as back as on 27/11/1987. Admittedly the services of the petitioner were transferred from Moradaabad Division, to the office of District Development Officer, Almora and he was posted in the Extension Training Centre w.e.f. 1991. The State Government has issued a Government Order dtd. 3/7/2006, by virtue of which the grade Pay as payable to the driver was classified into 4 wider categories. On the basis of the stipulations provided therein in the Government Order dtd. 3/7/2006, the post of the driver would be falling in the category of grade 1, which was based, on the basis of their seniority and those to the drivers belong to grade 2, and was on the basis of completion of three years of satisfactory service of the department on the post of the driver.

(2.) On 1/4/2011, in pursuance to the Government Order dtd. 3/7/2006, and after an approval being granted by the office of respondent no.3, the petitioner was promoted and adjusted on the post of the driver grade 3 w.e.f 3/7/2006. The Government Order of 3/7/2006, was later on amended by the subsequent Government Order of 1/7/2013, whereby there was a marginal amendment which was brought about, only with regards to the revision of the grades for the drivers belonging to the category under which they have been appointed with the respondents.

(3.) As a consequence thereto the petitioner's case is that the respondents had granted the petitioner the grade pay of Rs.2400.00 w.e.f. 27/11/2002, on completion of 15 years of satisfactory service and thereafter the petitioner was also granted with the grade pay of Rs.4200.00 on satisfactory completion of 18 years of satisfactory services as on 22/8/2007. Later on the grade pay of the petitioner was once again revised and he was granted the grade pay of Rs.4600.00 on completion of 20 years of services i.e. w.e.f. 31/1/2014. Hence the contention of the petitioner is that on the date of attainment of his age of superannuation in pursuance to the decision taken by the respondents and particularly in the context of his completing 20 years of service he was already being granted and reckoned with the grade pay of Rs.4600.00 as was made payable to him w.e.f. 31/1/2014.