Nathi Ram vs State of Uttarkahand & Ors.

Hon’ble Pankaj Purohit, J.

The petitioner was appointed as Collection Ameen in the Revenue Department, Dehradun in the year 1996 in regular establishment. The petitioner is aggrieved by inaction on the part of the respondents whereby he was not given the selection grade/grade pay.

It is contended by learned Senior Advocate for the petitioner that the petitioner was denied the said benefit by respondent no.1-Secretary, Revenue Department vide order dated 11.09.2018, annexure no.19 to the writ petition.

The petitioner has challenged the said order by filing the present writ petition with a further prayer for seeking a writ of mandamus commanding the respondents to give the benefit of the selection grade/grade pay to the petitioner as well as entire arrears thereof with all consequential benefits. The petitioner has retired way back on 31.01.2020.

The petitioner was denied selection grade/grade pay by respondent no.1 on the premise that the Rules known as The Uttarakhand Subordinate Revenue Executive (Naib Tehsildar) Service Rules, 2009 were promulgated wherein the channel of promotion from the post of Collection Ameen to Naya Tehsildar has been scrapped and therefore the petitioner is not entitled to get the selection grade/grade pay.

It is case of the petitioner the since the petitioner became entitled to get the selection grade/grade pay in the year 2006 after putting in ten years of regular service as Collection Ameen, therefore, any subsequent amendment in the Rules or promulgation of the Rules of 2009 would not come in way of grant of selection grade/grade pay to the petitioner.

This Court finds substance in the submission made by learned Senior Advocate for the petitioner.

During pendency of the present writ petition the Co-ordinate Bench of this Court has directed the respondent-State to get instructions in the matter, after being prima facie satisfied by the submission made by the learned Senior Advocate for the petitioner, that as to how the grievance of the petitioner could be redressed.

Learned counsel for the State has relied upon instructions dated 04.05.2026 which are passed on to this Court and are taken on record under the hand of In-charge, Sub-Divisional Magistrate, Dehradun and submitted that the matter for grant of selection grade/grade pay to the petitioner is under consideration and a tentative calculation has also been made by the Department in favour of the petitioner from the date of his entitlement till date of his retirement and the matter is pending before the Screening Committee, as after its recommendation the required pay fixation could be made in the case of the petitioner.

In such view of the matter, the writ petition stands disposed of finally with a direction to respondent no.1-Secretary, Revenue Department, Dehradun to place the matter of petitioner before the Screening Committee within two weeks’ from today ignoring the impugned rejection order dated 11.09.2018, passed by respondent no.1-Secretary, Revenue Department and the Screening Committee shall take a decision upon the matter of the petitioner regarding the grant of selection grade/grade pay and consequential relief to the petitioner within a further period of two months from the date when the matter is placed before it strictly in accordance with the Rules applicable to the petitioner at the time of his entitlement to get the selection grade/grade pay and the respondent no.1-Secretary, Revenue Department shall pass appropriate order after recommendation, if any, by the Screening Committee within two weeks thereafter.