(1.) Petitioner, Pradeep Kumar Awasthi was initially appointed as a Superintendent (Medical and Electrical) Grade-II in the Central Reserve Engineer Force, a unit in the Border Road Organization (hereinafter referred to as 'organization'), in the year 2001. He continued in the organization from 25.06.2001 to 08.04.2010. While in the employment of the Organization he appears to have applied for appointment to the post of Junior Engineer in the Minor Irrigation Department of the State of Uttar Pradesh, pursuant to an advertisement issued, and was ultimately selected. He joined as Junior Engineer in the Minor Engineering Department on 12.04.2010. Upon an application moved by the petitioner the competent authority in the department of Minor Irrigation has already passed an order on 05.10.2012 granting pay protection as also allowed his services rendered in the Organization to be counted towards qualifying services for pension etc. An application has also been moved by the petitioner for counting of his previous services rendered in the Organization for the purposes of grant of financial up-gradation under the Assured Career Progression scheme (hereinafter referred to as ACP). Some recommendations appear to have been made at the local level in favour of petitioner but no orders have been passed by the competent authority, in that regard, till date. However, the petitioner has come to know of the Government Order issued by the State of Uttar Pradesh on 05.11.2014, which denies benefit of ACP by excluding the services rendered in the earlier Organization. Clause (10) of this Government Order specifically excludes the services rendered in the Central Government or its authorities etc. for the purposes of grant of A.C.P. benefit to the employees of the State Government. Clause (9) and (10) of the Government Order dated 05.11.2014 are relevant for the controversy raised in this petition and are reproduced hereinafter:-
(2.) Petitioner, accordingly, has challenged clause (10) of the Government Order dated 05.11.2014 by filing the present writ petition. It is alleged that Clause (10) of the Government Order dated 05.11.2014 is violative of Article 14 and 16 of the Constitution of India. A further prayer is made in this petition to command the respondents to count petitioner's services rendered in the Organization for the grant of pay upgradation under the ACP scheme. Reliance is placed upon the judgments of Apex Court in Food Corporation of India Vs. Ashis Kumar Gupta, 2009 7 SCC 734 and Purshottam Lal Vs. Union of India, 1973 1 SCC 651.
(3.) A counter affidavit has been filed by the State disputing petitioner's right to claim financial upgradation under the ACP scheme. A rejoinder affidavit has been filed by the petitioner denying the averments made in the counter affidavit and reiterating the averments made in the writ petition.