RISHIPAL Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) The petitioner is said to have retired on 31.12.2015 from the post of Master Fitter in Electricity Shop of Irrigation Workshop, Roorkee, District Haridwar. He contends that the State Government has issued a Government Order being Order No. 377/II-2015- 01(09)/2009 dated 05.10.2015, whereby the respondent no. 1 (State of Uttarakhand, Irrigation Department, through its Secretary, Secretariat Dehradun) has sent a intimation to respondent no. 2 (Chief Engineer & Head of the department, Irrigation Department (Mechanical), Yamuna Colony Dehradun, Uttarakhand) to resolve the deficiency in the up-gradation of the pay scale as per Govt. Order dated 05.10.2015. Accordingly a pay deficiency committee was constituted, which recommended the up-gradation of pay band from Rs. 4400-7400 with grade pay of Rs. 1300 to pay band of Rs. 5200- 20, 200 with grade pay of Rs. 1800 which is claimed by the petitioner from grade pay of Rs. 2800 to Rs. 4200.

(2.) It is further submitted that based on the said Govt. Order dated 05.10.2015, respondent no. 3 is said to have written a letter to respondent no. 2 on 210.2016, requesting for compliance of the directions as given in the Govt. Order dated 05.10.2015 for the purposes of up-gradation of the pay band of group 'D' employees in the electricity shop division of the Irrigation Department.

(3.) Learned counsel for the petitioner submits that the Govt. Order dated 05.10.2015 by virtue of which the up-gradation was granted, was brought into force with immediate effect i.e. from the date of its issuance on 05.10.2015 (i.e. prior to his attaining the age of superannuation).