Court No. - 2
Case :- WRIT - A No. - 4281 of 2018 Petitioner :- Bhai Lal Singh Respondent :- U.P.Jal Nigam,Lucknow And Another Counsel for Petitioner :- Lal Chandra Srivastava,Shiv Naresh Singh Counsel for Respondent :- Vimlesh Kumar Rai
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Lal Chandra Srivastava for the petitioner and Sri Vimlesh Kumar Rai for U.P. Jal Nigam.
This writ petition has been filed for quashing the order dated 16.11.2017, by which representation of the petitioner for pay revision has been rejected.
Now, along with counter affidavit, various circulars relating to pay revision, as well as promotion of the petitioner have been filed.
Thus, it appears that it is admitted fact that the petitioner was appointed as Pump Attendant on daily wage basis on 1.3.1980. His service was regularized by the order dated 7.12.1989 w.e.f. 1.1.1989, on the post of Pump Attendant. U.P. Jal Nigam issued a Circular dated 2.4.1991, by which the post of Pump Attendant was re-graded as Pump Operator, Grade II.
Along with the counter affidavit, an order of Superintending Engineer dated 1.11.1994 was filed, showing that the petitioner was promoted as Pump Operator, Grade I. Thereafter, a Circular relating to the pay scale of various posts were issued on 3.1.1998, showing that pay scale of Pump Operator, Grade I was Rs. 825 - 1200. On the basis of 6th Pay Commission Report, pay scale was revised w.e.f. 1.1.1996 and the pay scale of Rs. 825 - 1200 was revised as Rs. 2750 - 4400.
In the counter affidavit, it has been stated that the petitioner was paid salary in the pay scale of Rs. 2750 - 4400 w.e.f. 1.1.1996 and this fact has not been denied. Therefore, there is no discrepancy in the payment of salary of the petitioner from 1.1.1996. However, the fact remains that the petitioner was promoted as Pump Operator, Grade I by the order dated 1.11.1994 and still he was given salary in the pay scale of Rs. 775 - 1057 per month. Thus, from 1.11.1994 to 31.12.1995, the petitioner was entitled for pay scale of Rs. 825 - 1200.
So far as argument of counsel for the petitioner that his juniors have been promoted, as such, he is also entitled to be promoted is concerned, from the counter affidavit, it is clear that the petitioner has been promoted as Pump Operator, Grade I w.e.f. 1.11.1994 and from 1.1.1996, he was given salary of Pump Operator, Grade I, therefore, at this stage, this issue has become immaterial.
In the result, the writ petition succeeds and is partly allowed. The respondents are directed to grant pay scale of Rs. 825 - 1200 to the petitioner from 1.1.1994 to 31.12.1995 and difference of salary be paid to him within two months from the date of production of a certified copy of this order before respondent-2.
Order Date :- 30.3.2018 Jaideep/-