Court No. - 33
Case :- WRIT - A No. - 12700 of 2021 Petitioner :- Lal Bahadur Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Virendra Kumar Mishra Counsel for Respondent :- C.S.C.,Arun Kumar,Manoj Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by rejection of his claim for promotional pay scale under the ACP Scheme vide order dated 14.12.2020. This order is Annexure 15 to the writ petition and records that retiral benefits due and payable to petitioner alongwith interest have been paid to him. Claim for promotional pay scale, however, has been rejected on the ground that petitioner was suspended in 1998 and his increment was stopped by an order of the competent authority, dated 16.10.2000. It is observed that in view of the averment in the Government Order, dated 26th July, 2010, the petitioner is not entitled to grant of ACP benefit.
Learned counsel for the petitioner states that though benefit of ACP Scheme is subject to satisfactory service of an employee, but the determination of satisfactory service has to be in accordance with the Government Order, dated 30th June, 1993 according to which the effect of adverse entry or minor punishment would remain relevant only for a period of 5 months. It is urged that claim of the petitioner for promotional pay scale with reference to his satisfactory service has not been accorded consideration as per the relevant government order.
Sri Arun Kumar, learned counsel for the respondent states that in the event petitioner makes a representation his claim shall be dealt with keeping in view the Government Order, dated 30th June, 1993, which defines satisfactory services.
In the facts of the present case, this Court finds that the determination made by the Nagar Ayukt fails to consider the Government Order, dated 30th June, 1993, which defines satisfactory services. Satisfactory service otherwise would be required for the purposes of grant of promotional pay scale under the ACP Scheme.
In such circumstances, a writ of mandamus is issued directing the Nagar Ayukt to revisit the matter and take a fresh decision keeping in view the Government Order, dated 30th June, 1993, within a period of two months from the date of presentation of a copy of this order. The order impugned in the writ petition dated 14.12.2020 shall remain subject to fresh order to be passed by the Nagar Ayukt as indicated above. Petitioner's claim for release of house allowance shall also be dealt with while taking a fresh decision in the matter.
With the above observations and directions, this writ petition stands disposed of.
Order Date :- 23.9.2021 Ranjeet Sahu