HEERA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Mr. G.K. Srivastava, learned Standing Counsel as well as Mr. Lalit Shukla, learned counsel for the opposite parties No. 2 and 3.

(2.) The writ petition has been filed challenging the impugned orders dated 14.2.2014, 21.2.2014 and 28.6.2014, passed by opposite party No. 1 and opposite party No. 3 respectively, as contained in Annexures-1, 2 and 3 to the writ petition, whereby the claim of the petitioner for giving the benefit of pay scale of Rs. 2200-4000/- with effect from 19.12.1991 and consequently revision of pay scale on implementation of recommendations of sixth pay commission have been rejected and representation preferred in this regard has also been rejected and recovery of alleged excess amount has been ordered.

(3.) As per the facts of the case, the petitioner was initially appointed on ad-hoc basis on the post of Physical Instructor on 27.12.1980. The petitioner was appointed on regular basis on the post of Physical Instructor in the existing pay scale of Rs. 280-460/- with effect from 31.3.1981. The State Government vide order dated 19.3.1982 had provided that incumbents working on the post of Physical Education Superintendent-Director and Assistant Physical Education Superintendent in government aided degree colleges and in the government degree colleges be given the nomenclature of Lecturer and also be given the pay scale as admissible for the post of Lecturer. It is submitted that in reply to the letter sent by the State Government the opposite party No. 3 had informed the State Government that the petitioner is working on the post of Physical Instructor and he is also entitled to be given the pay scale of Lecturer as are being given to the Physical Instructors working in other degree colleges. The Government Order dated 19.12.1991 provides that Physical Instructors working in the Engineering Colleges be given the pay scale of Rs. 2200-4000/- in case they fulfill the eligibility qualification prescribed by the University Grants Commission.