MOHD RAFEEQ KHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rahul Roshan Dubey, learned counsel appearing on behalf of the petitioner and learned standing ounsel appearing on behalf of the opposite party nos. 1 to 3, none appeared on behalf of the opposite party no.4. This petition is being decided finally despite the fact that counter-affidavit has not been filed by the opposite parties, although time had been granted to the opposite parties for filing the same. The petitioner is aged about 74 years and in view of the subsequent facts as narrated hereunder, I do not deem it appropriate to grant any further time for filing counter-affidavit since no disputed question of fact is involved and the petition can be decided on the basis of admitted documents already on record.

(2.) By means of the present petition, the petitioner has sought a direction in the mandamus directing the opposite parties to provide promotional pay scale of Rs. 2000-3200 (as revised from time to time) w.e.f. 01.03.1995 with consequential benefits including arrears and allowances to the petitioner.

(3.) The dispute pertains to the grant of promotional scale to the petitioner w.e.f. 01.03.1995 which was denied to him. The petitioner initially had been appointed as a clerk in the Directorate of Agriculture on 20.06.1964 and thereafter, after regular selection was appointed on the post of Assistant Accountant w.e.f. 31st March, 1973. Subsequently, the petitioner's services alongwith others in the department were transfered to District Sultanpur in the Project Sharda Sahayak Command Area under the opposite party no.4, who by means of order dated 13 October, 1980 promoted the petitioner on ad-hoc basis to the post of Accountant in the pay scale of Rs. 350-700. On the completion of the aforesaid project, the petitioner rejoined in the Agriculture Directorate as Accountant on 01.11.1988 and was subsequently confirmed on the post of Accountant on 10.01.1995. However, as per the averments since on completion of 14 years continuous service, once he became entitled for promotional pay scale of Rs. 2000-3200 w.e.f. 01.03.1995 as per Government order dated 05.02.1997, he was not granted the aforesaid promotional scale due to which the petitioner filed claim petition no. 1081 of 2005 before in the State Public Services Tribunal at Lucknow. The said claim petition was allowed by means of judgment and order dated 22nd December, 2011 whereby the order of rejection dated 10.06.2005 was quashed and the opposite parties were directed to reconsider the petitioner's case for grant of promotional scale of pay of Rs. 2000-3200 (as revised from time to time) w.e.f. 01.03.1995 with payment of all admissible consequential benefits including arrears of allowances and accordingly revised pension and other retiral benefits. It was further directed that the compliance of the order was to be made by the opposite party within three months from the date of certified copy was provided to them.