RAKESH CHANDRA SAHU Vs. U P JAL NIGAM

JUDGEMENT

(1.) The petitioner is working as a Noter and Dafter in U.P. Jal Nigam. He is aggrieved by the order dated 6.5.2008 passed by the Executive Engineer, whereby his pay fixation has been made and a direction has been issued to recover the excess amount of Rs. 86,966/- from his salary. Briefly stated, the facts of the case are that the petitioner was appointed as a Noter and Daftari on ad-hoc basis in the year 1985. Initially, his pay scale was 1200-30-1560 EB-40-20-2040 and after completion of 10 years in the year 1995 by an order dated 2.11.1996 passed by the Chief Engineer, (First) U.P. Jal Nigam, Lucknow, has sanctioned him Rs. 1350-30-1440-40-1800-EB-50-2200. It is stated that in compliance of the recommendation of the pay commission with effect from 1.1.1996, such pay scale was revised to Rs. 4500-125-7000/- and as such from 1.1.1996, he started getting pay scale of Rs. 4500-7000. It is stated that after completion of 14 years of service, he was sanctioned the next higher pay scale of Rs. 5000-8000/- as provided in Government Order dated 2.12.2000 and 10.4.2001.

(2.) Feeling aggrieved by the said order dated 6.5.2008, the petitioner made representation dated 21.5.2008 to the Executive Engineer, Nirman Khand, U.P. Jal Nigam, Farrukhabad and a similar representation was also given by him on 12.7.2007 to the Managing Director, U.P. Jal Nigam, but no action has been taken by them. Having no option left, the petitioner preferred this writ petition.

(3.) The respondents have filed a counter-affidavit. The stand taken by them in the counter-affidavit is that the petitioner was appointed as Routine Grade Clerk in the office of U.P. Jal Nigam. His services were regularized on 11.3.1986. Later on, vide order dated 11.2.1998, he was made permanent on the post of Junior Noter Drafter. A copy of the said office memo has been placed on record by the petitioner as annexure-C.A. 2 to the counter-affidavit. It is alleged in the counter-affidavit that the petitioner has fixed his pay scale himself without completing 14 years of satisfactory service.