Court No. - 21
Case :- SPECIAL APPEAL No. - 604 of 2018 Appellant :- Hari Om Sharma Respondent :- State Of U.P. And 4 Ors Counsel for Appellant :- Shobhit Pathak,Ajay Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is preferred to challenge the order dated 1.5.2018 passed by the learned single Bench in Writ-A No. 21487 of 2016. Learned single Bench when dismissing the petition for writ arrived at the conclusion that the petitioner is not entitled to claim promotional pay-scale as per the Government Order dated 20.12.2001 being not having 22 years of complete service in L.T. Grade.
In appeal the argument advanced by learned counsel for the petitioner appellant is that as per the Government Order dated 20.12.2001 first selection grade is required to be given on completion of 10 years satisfactory service in ordinary pay-scale and then second selection grade is required to be given on completion of 12 years of service in first selection grade. The petitioner appellant entered in service on 3.11.1989 and on completion of 10 years of service in ordinary pay-scale, first selection grade was allowed to him w.e.f. 4.11.1997. On completion of 12 years of service in first selection grade he became entitled to have second selection grade w.e.f. 3.11.2011. The Government Order dated 20.12.2001 nowhere prescribes that the second selection grade is subject to completion of 22 years of satisfactory service in first selection grade.
On going through the government order aforesaid, we find force in the argument advanced by learned counsel for the petitioner appellant. Para (b) of the government order aforesaid prescribes that the teachers working in secondary education shall be entitled to first selection grade on completion of 10 years satisfactory service in ordinary pay-scale and shall also be entitled to have second selection grade pertaining to next promotional post on completion of 12 years of service in first selection grade. Meaning thereby the requirement is that the teacher in 22 years of service shall be entitled for two selection grades, first on completion of 10 years of service in ordinary pay-scale and then on completion of 12 years of service in first selection grade. There is no requirement to complete 22 years of service in first selection grade to have second selection grade. In view of it, the petitioner appellant became entitled to have second selection grade i.e. pay-scale applicable to next promotional post w.e.f. 3.11.2011 provided his services are found satisfactory.
In view of whatever stated above, this appeal deserves acceptance, accordingly, same is allowed. The judgment dated 1.5.2018 passed by learned single Bench is set- aside. The petition for writ bearing Writ-A No. 21487 of 2016 is also allowed. The respondents are directed to consider candidature of the petitioner appellant for grant of second selection grade pertaining to next promotional post w.e.f. 3.11.2011 as per para (b) of the Government Order dated 20.12.2001. If the services of petitioner appellant found satisfactory then same be given to him with all consequential benefits including the arrears accruing.
Order Date :- 27.7.2018 Shekhar [Chandra Dhari Singh, J.] [Govind Mathur, J.)]