UNION OF INDIA Vs. DEEP CHAND SAHU

JUDGEMENT

(1.) Regard being had to the similitude of the questions involved, on the joint request of the parties, these matters were analogously heard and decided by this common order.

(2.) The facts are taken from W.P.No.7541/2017. The petitioner was initially appointed on the post of Sub Engineer. The stand of the petitioner is that the post of Sub Engineer and Junior Engineer is same. As per the scheme framed by the employer for grant of higher pay scale/ financial upgradation, the stagnated employees, on completion of nine years of service are entitled to get the pay scale of Assistant Engineer. A junior Engineer, after completion of nine years of service is entitled for higher pay scale attached to the post of Assistant Engineer.

(3.) After completion of 18 years of total service, the claim of the petitioner is that second higher pay scale of the next promotional post i.e Executive Engineer/ DE is required to be given. Reliance is placed on the circular dated 19.07.1990. It is averred that petitioner was given the first higher pay scale by order dated 11.12.1990 (Annexure P/2) w.e.f 15.12.1989. The petitioner possesses bachelor degree in electrical engineering from Govt. Engineering College, Jabalpur. He was selected as graduate trainee/ Assistant Engineer (trainee) w.e.f. 16.07.1990. After successful training, the petitioner was given the regular status of Assistant Engineer w.e.f. 16.01.1991 by order dated 16.5.1991 (Annexure P/3). The petitioner submitted an application dated 08.01999 (Annexure P/4) for grant of second time scale of pay after completing total 18 years of service. The respondents by order dated 108.1999 (Annexure P/5) granted higher pay scale of the post of Executive Engineer w.e.f 16.07.1999.