CHANDRAPAL SINGH Vs. STATE OF U .P

JUDGEMENT

(1.) This writ petition prays that a mandamus be issued to the Chief Engineer, Minor Irrigation, Department of Irrigation, Government of U.P., Lucknow and the Executive Engineer, Minor Irrigation Wing, Hapur to sanction for the petitioner his third assured career progression.

(2.) The petitioner was appointed as an Assistant Boring Technician on 16/2/1986 in the office of the Chief Development Officer, Meerut vide letter dtd. 12/2/1986. He superannuated on 31/10/2019 from the post of a Junior Engineer, Minor Irrigation, posted at Hapur. The first Assured Career Progression (for short, 'ACP') was granted to the petitioner on completion of 14 years' satisfactory service and the first financial up-gradation was fixed on 1/11/2001. The second ACP was sanctioned and granted on 1/11/2009 upon completion of 16 years' satisfactory service. The second financial up-gradation was determined in the pay band of Rs.9300.0034800/- with a grade pay of Rs.4600.00. The Chief Engineer, Minor Irrigation, Department of Irrigation issued an office order No. G-183/Estt.-03 (appointment post) 2018-19 dtd. 29/6/2018, promoting the petitioner from the post of a Boring Technician to that of a Junior Engineer. According to the petitioner, in terms of the rules applicable, he was entitled to a third ACP on 5/11/2014 upon completion of 26 years of satisfactory service, which he did complete on 31/10/2019. The third financial up-gradation would place him in the pay band of Rs.9300.0034800/-, with a grade pay of Rs.4800.00. The petitioner acknowledges that he was promoted by the Chief Engineer on 29/6/2018 from the post of a Boring Technician to a Junior Engineer, carrying Pay Band-II, Level-VI, analogous to the pay- scale of Rs.9300.0034800/-, grade pay of Rs.4200.00. The revised pay-matrix for Level-VI carries the pay scale of Rs.35400.00 112400/- with a probation period of two years. The petitioner says that he has been deprived of his third ACP, ignoring his satisfactory service, which employees junior to the petitioner have been extended by office order dtd. 26/4/2023. The petitioner has completed 26 years' satisfactory service, entitling him to the third ACP, that has fallen due on 31/10/2019, as already said. There being inaction in the matter of award of the third ACP, the petitioner represented the matter both to the Chief Engineer, Minor Irrigation, Department of Irrigation, Government of U.P., Lucknow and the Executive Engineer, Minor Irrigation Wing, Hapur, but to no avail. The petitioner buttresses his claim to the third ACP at the end of the 26 years of satisfactory service, relying upon a Government Order dtd. 5/11/2014. There is a mention of this order in paragraph No. 10 of the writ petition, but no copy thereof has been annexed.

(3.) This Court on 16/11/2023 issued notice of motion to the Chief Engineer, Minor Irrigation, Department of Irrigation, Government of U.P., Lucknow and the Executive Engineer, Minor Irrigation Wing, Hapur, requiring them to show cause by their separate affidavits within a week why the petitioner's third ACP had not been granted. In compliance, the Chief Engineer and the Executive Engineer, respondent Nos. 2 and 3, respectively, filed their affidavits, both dtd. 22/11/2023. These affidavits have been treated as counter affidavits. The petitioner has not filed a rejoinder. On the 24th of November, 2023, parties having exchanged pleadings, this petition was admitted to hearing, which proceeded forthwith. Judgment was reserved.