HEERA SINGH VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of the present petition, the original petitioners, at the time of filing of the writ petition, (hereafter referred to as the petitioners), are challenging the order dated 30th March, 2005, passed by the respondent no.2, by which, the selection grade pay scale and promotional pay scale, granted to the petitioners by the Chief Development Officer, w.e.f. 1.7.1982 and 1.7.1988, respectively, has been withdrawn and further the direction has been issued. to recover the amount, paid in excess to the petitioners, by way of recovery.

(2.) All the original petitioners were appointed under the Directorate of Yuva Kalyan Evam Pradeshik Vikas Dal U.P., Lucknow, on the post of Kshetriya Yuva Kalyan Evam Pradeshik Vikas Dal Adhikari on different dates. The petitioner no.1 has been posted to the post of Kshetriya Yuva Kalyan Evam Pradeshik Vikas Dal Adhikari on 1.7.1970 and while holding his post as such, he retired on 31.7.1997.

(3.) It is the case of the petitioners that vide the Government Order dated 16.2.1982, the benefit of the selection grade pay scale for different posts under the U.P. Kshetriya Yuva Kalyan Evam Pradeshik Vikas Dal, U.P., Lucknow, was made applicable with effect from 1.7.1979. So far as the post of Kshetriya Yuva Kalyan Evam Pradeshik Vikas Dal Adhikari is concerned, the selection grade pay scale was to be provided to the persons holding such post on completion of ten years of service, with the rider that the selection grade pay scale would be limited to 20% of the total number of sanctioned posts as existing on 1.4.1979. The claim of the petitioners was that though they were eligible to get the selection grade pay scale, having completed ten years of service, but they could not be allowed selection grade pay scale as they did not fall within the purview of the 20% of the total number of the sanctioned posts and accordingly they have not been provided the selection grade pay scale. By the subsequent Government Order No. 2/1480-85-82, dated 6.11.1985, amendments were effected in the above-mentioned Government Order and the benefit of the selection grade pay of Rs.510-00-675-00 was made applicable uniformally to all the persons of the department, holding the post of Kshetriya Yuva Kalyan Evam Pradeshik Vikas Dal Adhikari, on completion of ten years of service.