Heard.
The instant writ petition has been filed for issuance of a writ in the nature of mandamus commanding the opposite parties to extend the benefit of the Board order dated 23.01.1989, which is contained as Annexure-1 to the writ petition. It has further prayed for issuance of a writ in the nature of certiorari quashing the impugned order dated 06.12.2007, which is contained as Annexure-1A to the writ petition.
Learned counsel appearing on behalf of the petitioner has submitted that all the members of the association are at least completed 24 years' continuous satisfactory service and they are seeking a promotional pay scale for the next post but the same has been denied by the opposite parties. Learned counsel for the petitioner submitted that the members of the association were working on the post of collection Peon in some District, had already been granted next promotional pay scale on the post of Amin and he has pointed out the annexure-7 related to District Lucknow and Kushinagar. He has further submitted that in pursuance of the Board order dated 23.01.1989 and Government Order dated 02.12.2000, the members of the collection peons of several districts like Lucknow and Kushinagar as stated has already been given the first promotional pay scale of the post of collection Peon on completion of fourteen years satisfactory services. It has further submitted that Board of Revenue also released the fund for their arrears. He stated that in District Bahraich, the order for granting promotional pay scale has been passed but opposite party No. 2 are not issuing any Government Order related to District Bahraich.
In view of above, learned counsel for the petitioner has submitted that without entering into the merit of the case while ignoring impugned order, which is appended as annexure-1-A the opposite party No.2 may be directed to reconsider the case of the members of the association in the light of order passed pertaining to District Lucknow and Kushinagar.
The learned Additional Chief Standing Counsel has vehemently opposed the submissions made by learned counsel for the petitioner but conceded and agreed that the grievances which are made in the instant writ petition may be considered in the light of the orders passed in other districts for the next promotional pay scale.
In view of the above facts and circumstance and without entering into the merit of the case, the petitioner's association is directed to make a detailed representation to the opposite party No. 2 stating therein all contentions made in the writ petition alongwith certified copy of this order submit before the opposite party No.2 within fifteen days from today.
If the petitioner's association moved a representation alongwith certified copy of this order, the opposite party No. 2 is directed to consider the case of the members of the petitioner's association in the light of the order passed, as stated and appended in the writ petition, related to District Lucknow and Kushinagar within three months from the date of submission of the representation alongwith certified copy of the order in accordance with rules.
Accordingly the petition is disposed of.
Order Date :- 30.9.2019/Reena/-