ABINASH CHANDRA SRIVASTAVA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE petitioner was selected and appointed on 1 -12 -76 as col ­lection amin in accordance with the U.P. Collection Amins Service Rules, 1974 (in brief Rules). He completed ten years ser ­vice on 1 -12 -87 and was granted selection grade w.e.f. 1 -1 -85 under the orders passed by Board of Revenue (in brief Board) and was placed in the pay scale of Rs. 345 -515. The pay was revised to Rs. 950 -1500. On 12 -4 -90 the Government issued an order on the subject of promotional pay to the collection amins. Paragraph 2 of the order stated that under the 'Eikikrit Sangrah Yojna' the collection amins after comple ­tion of 6 years service in selection grade would be entitled to promotional pay scale of Rs. 975 -1660. Since the petitioner had completed 6 years service in selection grade he was placed in this pay scale. On 3 -9 -94 the Government issued another order on recommendation of parity com ­mittee and pay scale of collection amins was upgraded from Rs. 950 -1500 to 975 -1660. The pay thus granted earlier as promotional pay became basic pay.

(2.) THE post of Nab -Tehsildar under The Subordinate Revenue Executive Ser ­vice Rules (Naib -Tehsildar) Rules, 1944 is the promotional post of collection amins. The pay scale of Naib -Tehsildar in 1989 was fixed at Rs. 515 -860. It was revised under Government orders issued from time to time to Rs. 1400 -2300 and then to Rs. 1640 -2900 on 6 -9 -')7 and finally to Rs. 5500 -9000 by the fifth pay commission.

(3.) IN the counter -affidavit it is claimed that Board did direct on 23 -1 -89 to grant selection grade and promotional scale to collection amins but it was made subject to Administrative orders approved by the Finance Department. It is stated that no such order was issued to grant the scale of Naib -Tehsildar to selection grade amins. It is further stated that the next promotional scale of collection amins is Rs. 1200 -2040 as has been pointed out by the audit party in its report. Therefore, the claim of petitioner was not correct. Two supplementary counter -affidavits have also been filed. In the first filed in Decem ­ber, 1998 copy of the order passed on 9 -2 -98 deciding CM. Writ Petition No. 3856 of 1998 directing District Magistrate Al ­lahabad to decide representation of col ­lection amin and letter dated 23 -12 -93 by which scale of Rs. 975 -1660 was granted to collection amin by GO dated 12 -4 -90 have been annexed. In the second, filed in May 1999, the different pay scales fixed on recommendation of pay committee since 1 -1 -96 has been filed.