Bal Chand and Others vs State of U.P. and Others

Devendra Kumar Arora, J.—Heard learned counsel for the parties.

The submission of learned counsel for the petitioners is that the controversy with respect to grant of first promotional pay-scale of Rs. 1400-2300 to the petitioners was decided by this Court by means of judgment and order dated 09.08.2000 passed in Writ Petition No. 5763 (S/S) of 1998 and in pursuance thereof the petitioners were given first promotional pay-scale. Thereafter, in pursuance to the Government Order dated 02.12.2000, on completion of 24 years of service, the petitioners were given second promotional pay-scale by means of order dated 26.12.2007 subject to decision of special appeal pending before this Court against the judgment and order dated 09.08.2000 passed in Writ Petition No. 5763 (S/S) of 1998.

The further submission of learned counsel for the petitioners is that on the advice of Finance Department, the Principal Secretary (Revenue) by means of order dated 29.07.2011 directed the Commissioner and Secretary, Board of Revenue for taking expeditious steps for disposal of the special appeal pending before this Court and only thereafter the decision be taken for grant of second promotional pay-scale to the Collection Amins. It is also submitted that in the order of Principal Secretary (Revenue) only direction was given to take steps for expeditious disposal of appeal and there is no directions for stopping the second promotional pay-scale, which has already been granted to the Collection Amins. The opposite party No. 3 i.e. the Commissioner and Secretary, Board of Revenue by means of order dated 08.11.2011 directed to all the District Magistrates for stopping the payment of second promotional pay-scale and also taking action against the officers on account of which the same has been granted to the Collection Amins. Now, the petitioners are apprehending that in pursuance to the order dated 08.11.2011 the petitioners'' second promotional pay-scale will be stopped by the authorities though the second promotional pay-scale has been granted by means of order dated 26.12.2007 to the petitioners subject to decision of Special Appeal No. 83 of 2001 of the State Government pending before this Court and, therefore, there is no justification for stopping the payment of second promotional pay-scale to the petitioners after four years of granting the same.

Learned counsel for the opposite parties while opposing the writ petition submitted that no individual order has been passed against the petitioners and, therefore, the present writ petition is premature and is liable to be dismissed.

I have considered the rival submissions of learned counsel for the parties and gone through the record.

The perusal of the order of the Principal Secretary (Revenue) dated 29.07.2011 reveals that on the advice of Finance Department the directions were issued to the Commissioner and Secretary of Board of Revenue to take steps for expeditious disposal of special appeal, but it appears that the Commissioner and Secretary, Board of Revenue by means of order dated 08.11.2011 issued directions to all the District Magistrates to take steps for cancellation of financial benefits already granted and also for taking action against the officers concerned, who are responsible for the same.

The order dated 08.11.2011 of Commissioner and Secretary, Board of Revenue appears to be contrary to the directions issued by the Principal Secretary (Revenue) dated 29.07.2011. Admittedly, the petitioners were given second promotional pay-scale on 26.12.2007 subject to decision of Special Appeal No. 83 of 2001. The said appeal is still pending. This Court does not find any good reason or justification for stopping the payment, which have been given to the petitioners four years back, subject to decision of the special appeal.

In view of the above, the opposite parties concerned are directed to ensure the payment of second promotional pay-scale, which has been granted to the petitioners by means of order dated 26.12.2007 and the same shall be subject to decision of the Special Appeal No. 83 of 2001.

Subject to the aforesaid observations and directions, the writ petition is disposed of finally.