SEWA RAM Vs. STATE

JUDGEMENT

(1.) Notice to the respondents. Mr. Aseem Sawhney, AAG vice Mr. K.D.S. Kotwal, Advocate waives notice on behalf of respondent Nos. 1 to 4.

(2.) It is contended by learned counsel for the petitioner that petitioner came to be engaged as daily wager and served as such upto 31.03.2001 and thereafter services of the petitioner came to be converted from daily wager to regular/temporary establishment w.e.f. 01.04.2001 as Helper in the pay scale of Rs. 2550-55-2650-60-3200. It is also contended by learned counsel for the petitioner that petitioner was placed in the non ITI scale of Rs. 4000-6000 w.e.f. 01.05.208 and, accordingly, his pay was fixed and at the time of his superannuation, i.e., on 31.01.2019, he was in the pay scale of Rs. 4000-6000. It is further contended that in pursuance of SRO 14 dated 18.01.1996, Government employees, who could not be granted regular promotion during their service career for pretty long time, the benefit of SRO 14 in the shape of in-situ promotion, i.e., Higher Standard Pay Scale Scheme was granted. It is also contended that petitioner after being considered for Ist time bound in terms of SRO 14 dated 05.01.1996 came to be placed in the pays scale of Rs. 4000-6000 w.e.f. 01.05.2008 and second time bound promotion was due with effect from 01.05.2017 in the pay scale of Rs. 4500-7000 (pre-revised), which has not been granted to the petitioner. It is further contended that similarly situated employees were granted 2nd in-situ promotion in the pay scale of Rs. 4500-7000 (pre-revised). Moreso, similar benefit has been granted in favour of respondent No. 5 by the respondents, but, ignored the same to the petitioner. In this regard, petitioner represented the respondents number of times, but, all in vain. Hence, this petition on the grounds taken in it.

(3.) At this stage, learned counsel for the petitioner stated at the Bar that the petitioner would feel satisfied in case this petition is disposed at the threshold stage by directing the respondents to consider the claim of the petitioner for grant of benefit of SRO 14 of 1996 dated 15.01.1996 (Higher Standard Pay Scale) in the pay scale of Rs. 4500-7000 (pre-revised), i.e., 2nd in-situ w.e.f. 01.05.2017 on the analogy of other similarly situated person(s), i.e., respondent No. 5 and accordingly re-fix the pension and other retiral benefit with consequential relief within certain timeframe, to which course other side has no objection to consider the same under rules. Their statements are taken on record.