KARAM CHAND Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed, inter alia, for the following reliefs;

(2.) THE brief facts of the case as set out in the writ petition are as follows;

(3.) LEARNED counsel for the petitioner submitted that the authorities below have misdirected themselves in considering the claim of the petitioners and they have not considered this aspect of the matter that the petitioners were not given the pay scale of 8000 -275 -13500 as a matter of first promotional pay scale but in fact was given to the petitioners after completion of 24 years of continuous satisfactory service. The impugned decision is thus arbitrary, based on non -application of mind, and the same is liable to be quashed. It was further submitted that before taking such a harsh decision entailing civil consequences, opportunity of hearing should have been afforded to the petitioner. It was further submitted that neither any notice or opportunity of hearing was provided to the petitioners before passing the impugned orders therefore impugned decision taken by the authorities is per se illegal and in utter violation of principles of natural justice, as such, the impugned decision is liable to be quashed outrightly. It was further submitted that the impugned decision taken by the Sub -Divisional Officer, Sadar, Jansath and Shamli was contrary to the decision taken by the State Government according to which the petitioners were entitled to get second promotional pay scale of Rs. 8000 -275 -13500 after completion of 24 years of continuous service. In the last, learned counsel for the petitioner has placed reliance on the decision of the Division Bench of this Court in the case of State of UP through Principal Secretary Deptt. of Revenue, UP Vs. Kanhaiya Lal and (10) others passed in Special Appeal No. 83 of 2001 on 29.8.2014 wherein Division Bench of this Court while upholding the orders passed by the Single Judge of this court had directed for granting promotional pay scale for want of promotional post to the Collection Amins who fulfilled the eligibility criteria. Learned counsel for the petitioner has stated that the present matter is squarely covered by the judgment dated 29.8.2014 passed by this Court in the case of State of UP through Principal Secretary Deptt. of Revenue, UP .