RISHI DEO MISHRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner was appointed as Junior Lecturer, Subordinate Class II, by the Registrar, Cooperative Societies, Uttar Pradesh and he joined on 25.02.1988. The pay-scale was revised from Rs. 690-1420, in which scale the petitioner was originally appointed, to Rs. 2000-3200 w.e.f. 01.01.1986. According to the petitioner, on the basis of the Fifth Central Pay Commission Report, which was accepted by the State of Uttar Pradesh, the pay-scale of Rs. 2000-3200 was revised to Rs. 6500-10500 w.e.f. 01.01.1996. It is his case that, as he completed 14 years on 25.02.2002, he became eligible to the promotional pay-scale of Rs. 8000-13500. By Annexure No. 9 order dated 07.09.2002, the petitioner was granted promotional pay-scale of Rs. 8000-13500 w.e.f. 24.02.2002. Suffice it to say, by the impugned order dated 10.06.2014 (Annexure No. 1) passed by the Chief Executive Officer, Bhesaj Development Unit, Uttarakhand (respondent No. 2), he cancelled the order of pay fixation dated 20.02.2003 passed by the Additional Registrar, Cooperative Societies and re-fixed the pay of the petitioner. He also passed Annexure No. 2 order dated 12.06.2014, which is also impugned, by which an amount of Rs. 1,93,767.00 was sought to be recovered. The petitioner was asked to deposit the said amount, failing which, the amount was to be recovered from his gratuity. It is, accordingly, that the petitioner challenges Annexure Nos. 1 & 2 orders.

(2.) We have heard Mr. B.D. Upadhyaya, learned Senior Counsel appearing for the petitioner and Mr. Pradeep Joshi, learned Standing Counsel appearing for the respondents.

(3.) In the counter affidavit filed on behalf of respondent Nos. 1 & 2, the stand taken is, inter alia, as follows: