VIJAY CHANDRA RATURI S/O LATE A P RATURI Vs. ADDITIONAL SECRETARY, LAW-CUM-L R , GOVERNMENT OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The petitioner was promoted to the post of Bench Secretary, Grade-I, in the pay scale of Rs.10,000-15,200/- in the Registry of this Court on 09.06.2003. He was further promoted to the post of Head Bench Secretary in the pay scale of 10,650-15,850/-, vide Notification dated 21.02.2004. His promotion to the post of Head Bench Secretary was in the substantive post. The substantive post was created on 2nd May, 2001. According to the Notification dated 2nd May, 2001, one post of Head Bench Secretary in the pay scale of Rs.10,650-15,850/-, one post of Principal Private Secretary in the pay scale of Rs.10,650-15,850/-, three posts of Joint Registrars in the pay scale of Rs.16,400-20,000/- and three posts of Deputy Registrars in the pay scale of Rs.10,650- 15,850/- were created.

(2.) The 6th Pay Commission made its recommendations. State Government accepted the recommendations subject to certain modifications. Since several pay anomalies had arisen with regard to the different pay scales, the Principal Secretary, Department of Finance, Government of Uttarakhand, constituted a Pay Anomaly Committee, vide letter dated 25th August, 2008. The Committee made its recommendation in the year 2008. Thereafter, vide Notification dated 3rd January, 2011, the pay scale of the petitioner was upgraded from 10,650-15,850 to Rs.12,000- 16,500/- with the enhanced grade pay of Rs.7,600/-.

(3.) In the instant case, petitioner has been granted upgraded pay scale of Rs.10,650-15,850/- (revised pay band Rs.15,600-39,100/-, Grade pay Rs.6,600/-) to its next level of pay scale of Rs.12,000-16,500/-(revised pay band Rs.15,600- 39,100/- Grade pay Rs.7,600/- with immediate effect, i.e. from issuance of the Notification dated 03.01.2011. The monetary benefit has been given to the petitioner w.e.f. 03.01.2011. The cut-off date 03.01.2011, prescribed by the respondents, while granting benefit to the petitioner, is arbitrary. The cut-off date cannot be picked up out of the hat since there has to be object sought to be achieved on the basis of cut off date. Since the post of Deputy Registrar and Head Bench Secretary was created vide Notification dated 2nd May, 2001 in the pay scale of 10,650-15,850/-, the Deputy Registrar, though, similarly situated has been given benefit of grade pay of Rs.7,600/- w.e.f. 01.01.2006 but the petitioner has been denied the same from due date.