The petitioners' Writ Petition No.17153 (SS) of 2016, which was filed against the withdrawal of the second promotional pay scale by the respondents, was allowed vide judgement and order dated 16.8.2017. By the aforesaid judgement and order, the order dated 12.7.2016, whereby the second promotional pay scale was withdrawn, was set aside. It was directed that in case the petitioners had completed twenty four years of service, including the period spent on training, the benefits already extended to the petitioners would not be withdrawn.
It is not in dispute that the petitioners should have completed twenty four years of service on or before 30.11.2008 to be eligible to get second promotional pay scale.
In pursuance to the notice issued in the present contempt petition, an affidavit of compliance of Dr. Rakesh Singh, Commandant, 35th BN P.A.C., Mahanagar, Lucknow has been filed. Along with the aforesaid affidavit, a copy of the order dated 30.10.2017 has been placed on record as Annexure SCA-4. In the aforesaid order, particulars of the petitioners date of appointment and when they would have completed twenty four years of service have been given specifically. From perusal of the aforesaid order, it is evident that none of the petitioners had completed twenty four years of service on 30.11.2008.
Learned counsel for the petitioners, however, submits that the cut off date 30.11.2008 for giving the second promotional pay scale is not applicable in the case of the petitioners.
This is a question of fact, which cannot be gone into in the contempt petition. The Writ Court order was to ascertain whether the petitioners had completed twenty four years of service. From the compliance affidavit, it is evident that none of the petitioners had completed twenty four years of service on 30.11.2008 If the petitioners feel that the cut off date 30.11.2008 is not in accordance with law and this cut off date is not applicable in the case of the petitioners, the remedy is not the contempt petition, but it is for the petitioners to avail appropriate remedy before the competent Court/forum in accordance with law, if they are so advised and law permits.
This contempt petition is without any merit and substance and has been rendered infructuous in view of the Annexure SCA-4 to the compliance affidavit. The contempt petition is thus, dismissed.
Order Date :- 30.8.2019 Rao/-