1. Heard Sri A.P. Singh, learned Senior Advocate, assisted by Sri Amarendra Pratap Singh, learned counsel for petitioner and learned Standing Counsel for State-respondents.
2. Grievance of the petitioner is that he was initially appointed on the post of Collection Amin. On completion of satisfactory service, he was given first promotional pay-scale of Naib Tehsildar and thereafter he was provided second promotional pay-scale of Tehsildar but arrears of the same is not provided to them.
3. Submission of learned counsel for petitioner is that on completion of 24 years of satisfactory service in the department, petitioner was entitled for certain benefits like arrears of second promotional pay-scale and A.C.P. including increment etc. He further submits that a special appeal No.83 of 2001 (State Vs. Kanhaiya Lal and others) was pending consideration before this Court. Further submission of learned Senior Advocate is that at subsequent point of time, the special appeal No.83 of 2001 was dismissed vide judgment and order dated 29.08.2014 against which Special Leave to Appeal (C) No.5908/2015 was filed before the Hon'ble Supreme Court which has also been dismissed vide judgment and order dated 10.04.2015. In the light of said, the submission of learned Senior Advocate is that now the ground of impugned order dated 19.2.2021 on which basis, the impugned order has been passed, is not available to the respondents, therefore, the petitioners are entitled for the grant of claim of arrears of second promotional pay-scale, A.C.P. and other benefits admissible to the post. Further submission of learned counsel for petitioners is that although the petitioners have been provided second promotional pay-scale of Tehsildar but arrears of the same has not been released in their favour.
4. Learned counsel appearing for respondents does not dispute that the special appeal No. 83 of 2001 has been dismissed and against the said judgment Special Leave to Appeal (C) No.5908/2015 was filed which has also been dismissed vide judgment and order dated 10.04.2015. Thereafter, a review petition has been filed before this Court which is lying pending consideration.
5. I have considered the submissions advanced by learned counsel for the parties and perused the material on record as well as the order dated 27.6.2019 passed by the respondents wherein direction was issued to ensure the payment subject to decision of the review petition pending before this Court.
6. In view of the above, the reasons assigned in the impugned order dated 19.2.2021 is not sustainable in law, therefore, the impugned order is liable to be set aside.
7. Accordingly, the impugned order dated 19.2.2021 is hereby set aside. The respondents are directed to ensure payment of arrears of the second promotional pay-scale of Tehsildar and A.C.P. as well as other consequential benefits for which the petitioners are entitled. The said exercise shall be completed within a period of two months from the date of production of a certified copy of this order.
8. With the aforesaid direction and observation, the writ petition succeeds and is allowed.
Order Date :- 12.8.2021 GK Sinha