Court No. - 38
Case :- WRIT - A No. - 13274 of 2019 Petitioner :- Ravindra Nath Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was a Stenographer in the office of Assistant Commissioner, Trade Tax Office at Ghazipur who has superannuated on 31.07.2012. He is aggrieved by a communication of the Assistant Commissioner dated 20th February 2019, whereby the competent authority has refused to accord consideration to petitioner’s claim for grant of second promotional pay scale under the ACP Scheme.
Learned counsel for the petitioner has invited attention of the Court to a communication of Joint Commissioner, Varanasi dated 23.08.2012, whereby a recommendation was made to grant benefit of second promotional pay scale to the petitioner w.e.f. 01.12.2008. It is stated that this claim remained pending without any final decision taken by the competent authority. It is submitted that now the Assistant Commissioner has informed the petitioner that his claim has been declined.
Learned counsel for the petitioner states that no reasons have been assigned to deny consideration to petitioner's claim which is otherwise covered by the relevant government order. It is also submitted that reference to the government order dated 16.01.2007 is wholly misconceived, inasmuch as the government order of the year 2007 only relates to computation of pensionary benefits and the grant of promotional pay scale under the ACP Scheme has no concern with it.
Sri S.K. Dubey, learned Additional Chief Standing Counsel states that an appropriate decision would be taken in the matter by the respondent no. 3.
Having examined the respective contentions, this Court finds that in case petitioner’s claim for grant of second promotional pay scale is otherwise covered by the relevant government order, then its benefit cannot be denied merely by referring to the government order dated 18th January 2007. This government order merely states that while computing the retiral benefits, the salary paid for a period of 34 months prior to the age of superannuation would be taken into consideration. This government order would have no applicability so far as grant of promotional pay scale under the ACP Scheme is concerned.
This petition, therefore, stands dispose of with a direction upon respondent no. 3 to accord consideration to petitioner's claim for grant of promotional pay scale, strictly in terms of the applicable government order, and his claim would not be overlooked on account of the government order of the year 2007. An appropriate decision wold be taken in that regard, within a period of three months from the date of presentation of certified copy of this order. Petitioner’s claim for grant of appropriate grade pay would also be examined while taking the decision.
Order Date :- 26.8.2019 M. ARIF