Satish Kumar Sharma & Ors. vs State Of Uttarakhand & Ors.

Hon’ble Pankaj Purohit, J.

By means of this writ petition, petitioners have sought a writ of mandamus commanding the respondents to up-grade/revise the pay-scale of petitioners, who are working as Foremen in the Irrigation Workshop, in the pay band of Rs.9300-34800, Grade Pay Rs.4,600/- (from 01.10.2012 notionally and from 01.03.2013 actually) vis-à-vis the Junior Engineers working in the Irrigation Department.

In brief, case of petitioners is that they entered into service as Foremen in the Irrigation Workshop of Irrigation Department. The pay scale of petitioners, as compared to Junior Engineers in Irrigation Department, is given in the following table: -Salary Rs. Government order,

number and date by

Period Foreman Junior which the pay was Engineer revised/ up-graded Prior to 625-1240 515-860 G.O. No.1032/89-23- fla0 ^{01.01.1986 -8/47} v^{/89 came into} force from dated 10.08.1989 From 2000-3200 1400-2300 G.O. No.1032/89-23- fla0-^{01.01.1986 8/47} v^{/89 10.08.1989} 01.01.1996 6500-10500 4500-7000 G.O. No.356/10-22

⁽,e^{)/97 dated 23.12.1997}

It is the case of petitioners that on 01.01.2006, pay scale of petitioners as well as of Junior Engineers in the Department was Rs.9300-34800, G.P. Rs.4200/- on the basis of recommendation of Sixth Pay Commission. With effect from 01.10.2012, pay-scale and grade pay of petitioners-foremen remained as it stood, while the grade pay of junior engineers in the Department was increased from Rs.4200/- to Rs.4600/- vide G.O. dated 04.09.2013 w.e.f. 01.10.2012 notionally and 01.03.2013 actually.

The grievance of petitioners is that prior to 1986, pay scale of foremen was higher than the junior engineers of department, and therefore, it is illegal and arbitrary to increase the grade pay of junior engineers to the G.P. Rs.4600/- while keeping the petitioners at G.P. of Rs.4200/-. Petitioners claim that said benefit of enhancement of grade pay should be extended to them as well.

In order to redress their grievance, petitioners submitted a representation to the Superintendent Engineer of the Department on 14.03.2016. The said representation was also forwarded to the superior authorities but no action was taken thereon as yet. Hence petitioners have approached this Court by filing present petition.

Learned Counsel for petitioners submits that since the grievance of petitioners has yet not been redressed at the level of respondents, ends of justice would be met if petitioners are permitted to make a fresh representation to the competent authority which may be directed to decide the same within a stipulated period.

Learned State Counsel has no objection if such an order is passed by this Court.

Accordingly, present writ petition is finally disposed of. It is provided that petitioners shall move separate representation(s), afresh, ventilating their grievance in detail, to the Secretary of the Irrigation Department/competent authority within 15 days from today; if such representation(s) is so moved, the competent authority shall decide the same sympathetically, in accordance with law, by passing a reasoned and speaking order, within three months from the date of receipt of representation.

Pending application, if any, stands disposed of accordingly.