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Judgment
Proceedings of this matter have been taken-up through video conferencing.
The petitioners preferred W.P.(S)No.6403/2008 claiming that their representation for grant of senior pay scale has not been considered and
decided, which this Court on 18-11-2008 directed to consider the case of the petitioners for grant of senior pay scale. The State Government by order
dated 15-5-2009 considered the representation of the petitioners and rejected the same holding that the petitioners have been given the benefit of
senior pay scale with effect from 1-1-2006 and as such, they are not entitled for the benefit of time bound pay scale against which this writ petition
has been preferred.
Mr. Amit Soni, learned counsel appearing for the petitioners, would submit that though the representation of the petitioners has been rejected by
order dated 15-5-2009, but no reason has been assigned why the petitioners have not been given the benefit of senior pay scale with effect from
March, 1994 and by an unreasoned and non-speaking order, their representation has been rejected.
Mr. Avinash Singh, learned State counsel would support the impugned order.
I have heard learned counsel for the parties and considered their submissions made herein-above and also went through the material available on
record with utmost circumspection.
This Court directed to consider the case of the petitioners for grant of senior pay scale which the State Government considered and held that they
have been given the benefit from 1-1-2006. Case of the petitioners is that they are entitled for the said benefit because of their completion of service
of six years and as such they are entitled for senior pay scale with effect from March, 1994. Paragraph 2 of the impugned order states as under: -
A careful perusal of the impugned order would show that the State Government has simply said that in accordance with the rules and unavailability
of posts, the benefit of senior pay scale has been given from 1-1-2006, but no specific reason has been assigned why the petitioners were not given
the benefit from March, 1994 and why from 1-1-2006 it has been given.
Therefore, the impugned order by which the petitioner’s representation has been rejected holding that they are entitled for the benefit of senior
pay scale from 1-1-2006 and not from earlier date, is partly set aside. Fresh order shall be passed after considering the case of the petitioners and
hearing them, within two months from the date of receipt of a copy of this order. The petitioners are also at liberty to make additional representation
within 30 days from the date of receipt of a copy of this order qua the other reliefs which have been claimed in this writ petition and which shall also
be considered by the respondents / State within two months from the date of representation. This Court has not expressed any opinion on the merits of
the matter.
With the aforesaid observation and direction, the writ petition stands finally disposed of. No order as to cost(s).