RAM SHANKER GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. R.P. Singh, learned counsel for the petitioner as well as learned Standing Counsel.

(2.) THE petitioner has challenged the orders dated 08.06.2007 (Annexure No. -1) issued by the Executive Engineer, Minor Irrigation, Faizabad, whereby the petitioner's pay scale has been lowered down as also the order dated 09.09.2008 (Annexure No. -2), whereby an order has been issued to deduct the amount of Rs.54,109/ - from his gratuity paid to the petitioner in excess.

(3.) THE petitioner was appointed on the post of ''Amin' on 26.09.1973, which was subsequently converted into the post of Assistant Clerk. He was awarded the selection grade on 02.05.1987 w.e.f. 01.07.1985. The petitioner retired from service on attaining the age of superannuation on 31.07.2008. The petitioner was also awarded promotional pay scale w.e.f. 01.07.1991 and further additional promotional pay scale was granted to him vide letter dated 10.07.1997. He was also granted additional increment in salary from 01.07.1995. The opposite party no. 4 issued letter dated 04.09.2004 stating therein that since the post of ''Amin' and Clerk belong two different cadres, the service rendered as ''Amin' by the petitioner shall not be included for the purpose of granting other service benefits and the petitioner shall be awarded the increment as well as promotional pay scale on the basis of service rendered on the post of Clerk. By means of order impugned, the opposite parties fixed new pay scale by excluding the petitioner's service rendered as ''Amin', which has caused financial loss to the petitioner. Consequently the opposite parties have also issued recovery order impugned to recover the amount paid in excess to him, which is Rs. 56,036/ -.