R K DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner retired from service on 31.12.1987. He was initially appointed as Naib Tehsildar in 1953 and was promoted to the post of Tehsildar in 1956. He was promoted as officiating Dy. Collector and his appointment was notified in the Gazette dated 23.3.1962. He was confirmed on the said post on 4.1.1975. As per G.O. dated 5.10.1985, he was allotted seniority of the recruitment year 1970 instead of 1961. He had earlier filed a Civil Misc. Writ Petition No. 13140 of 1992 which was decided on 21.2.1996 and it was directed that he would be assigned seniority of the year 1961 and would be given all the consequential benefits including the retiral benefit in accordance with law within a period of three months from the date of presentation of certified copy of the order before the authority concerned in the Government. The correctness of the said judgment was challenged by the State Government by means of special leave petition before the Supreme Court which was dismissed on 16.8.1996. Ultimately, by the orders dated 6.11.1996, he was granted notional promotion in the senior pay scale with effect from 2.7.1973, in the special grade pay scale with effect from 10.1.1978 and higher pay scale with effect from 15.11.1984 but no arrears were paid to him and it was mentioned in the orders that the promotions were notional in nature. However, he was not granted promotion In the highest pay scale of Rs. 5,900-6.700. His seniority has been fixed just above Sri Yashpal. The promotion to the highest pay scale Rs. 5,900 - 6,700 was granted to his junior Sri Yashpal with effect from 11.8.1987, but the Government declined to promote him (petitioner) in the said pay scale by rejecting his representation by order dated 19.6.1997, Annexure-17 to the writ petition, on the ground that the promotion in the highest pay scale of Rs. 5,900-6,700 was granted notionally to the petitioner's junior Sri Yashpal by order dated 26.11.1991, viz., after the retirement of petitioner and as such there could be no question of granting promotion to the petitioner in the highest pay scale of Rs. 5,900-6,700 even notionally.

(2.) The petitioner is aggrieved by , such order passed by the Government on 19.6.1997 and has prayed for quashing the same. According to him, as he was in service on 11.8.1987 with effect from which date highest pay scale of Rs. 5,900-6,700 has been granted to his Junior Sri Yashpal, he is also entitled to the said pay scale with effect from 11.8.1987. It is also his contention that his junior Sri Yashpal has been paid the arrears in the highest pay scale of Rs. 5,900-6,700 with effect from 11.8.1987. He claims that he is also entitled to the said arrears with effect from 11.8.1987 in the highest pay scale of Rs. 5,900-6,700 till the date of his retirement as also for back arrears for his promotion in the senior pay scale with effect from 2.7.1973, special pay scale with effect from 10.1.1978 and higher pay scale with effect from 15.4.1984. He has prayed for being awarded interest also. He has also prayed for a writ in the nature of mandamus for grant of promotion to him in the Indian Administrative Services.

(3.) At the time of admission of this writ petition, it was ordered as below on 1.8.1997 :