High Court · 2025

1. Mr. Sushil Vashist h, learned St at e Counsel Ut t arakhand/ appellant . 2. Mr. M.C. Pant , learned counsel for t he respondent s. St at e t he There is delay of 108 days in filing 3. t he appeal. Prayer for condonat ion of delay is not opposed by learned counsel for t he respondent s. For t he reasons st at ed in t he delay 4. condonat ion applicat ion, t he sam e ( I A No. 9484 of 2017) is allowed. The delay in filing t he appeal is hereby condoned. t his int ra- court 5. St at e has appeal challenging t he j udgm ent dat ed 16.03.2017 passed by learned Single Judge in WPSS No. 1400 of 2016. The j udgm ent dat ed 16.03.2017 is ext ract ed below: - “ Mr. M.C. Pant , Advocat e t he pet it ioners. Mr. T.P.S. Takuli, Brief Holder, for t he St at e. The pet it ioners have approached t his Court seeking parit y of Grade Pay viz- z- viz Regional Yout h Welfare Officers. The case of t he pet it ioners has been t he Secret ary Yout h duly considered by Welfare and PRD as per Annexure No. 1 t o t he count er affidavit filed by respondent nos. 1 & 2 dat ed 20.09.2016 filed along wit h count er affidav it . Accordingly, t he present pet it ion allowed. Respondent no. 3 is direct ed t o release t he Grade Pay t o t he pet it ioners on t he analogy of Regional Yout h Welfare Officers and PRD as per let t er dat ed 20.09.2016 wit hin a period of t en weeks from t oday along wit h arrears.” I nst ruct or t hat pet it ioners Learned counsel for t he appellant 6. ( respondent s subm it s herein) were appoint ed as Physical in Depart m ent of Training Yout h Welfare & PRD and t hey were getting salary in the Pay Scale of ₹5200- 20200, Grade Pay ₹2800. However, they were claim ing upgradat ion of Pay Scale to ₹9300- 34800, Grade Pay 4200. However, Pay Anom aly Com m it t ee rej ect ed t he proposal for upgradat ion of t he post of Physical pay scale I nst ruct or Training Depart m ent of Yout h Welfare & PRD. serving t hat Learned counsel for writ pet it ioners 7. subm it s Secret ary, I n- charge Depart m ent of Yout h Welfare & PRD had t he represent at ion received forwarded from Physical Training I nst ruct ors, along wit h his recom m endat ion for upgrading t he pay scale for t he said post , by let t er dat ed 20.09.2016. However, learned Single Judge allowed t he writ pet it ion by relying on t he said let t er issued by I n- charge Secret ary. The let t er dat ed

20.09.2016, 8. referred t o in t he im pugned order, is enclosed as Annexure 1 t o t he count er affidavit filed by Mr. Laxm an Singh, Joint Secret ary, Depart m ent of Yout h Welfare & PRD.

9. Perusal of t he said let t er reveals received by t hat t he concerned associat ion represent at ion em ployees em ployees, Secret ary for upgrading I n- Charge Secret ary of forwarded by Depart m ent of Yout h Welfare & PRD t o t he Pay Anom aly Com m it t ee, in which I n- charge t he pay recom m ended scale of Physical Training I nst ruct or. However, t he Com pet ent Aut horit y, t o t ake decision regarding upgradat ion of pay scale, t he St at e Governm ent . There is not hing on record t o show t hat Pay Anom aly Com m it t ee had also recom m ended t o t he St at e Governm ent for upgradat ion of pay scale of t he writ pet it ioners. also, ot herwise t he 11. Even recom m endat ion m ade by Pay Anom aly Com m it t ee is also not binding on t he t he St at e St at e Governm ent Governm ent decision, independent of t he recom m endat ion, if any. t ake a I n such view of t he m at t er, we are 12. of t he considered opinion t hat t he writ pet it ion could not have been allowed. We, accordingly, allow t he appeal and set aside t he im pugned j udgm ent dat ed 16.03.2017. libert y t o approach

13. The writ pet it ioners, however, will be at t he St at e Governm ent by m aking a represent at ion. I f represent at ion is m ade t o t he St at e Governm ent , wit hin t he sam e shall be considered, t oday, wit hin nine m ont hs, from t he dat e of product ion of cert ified copy of t his order. four weeks ( A sh i sh N a i t h a n i , J.) ( M a n o j K u m a r Ti w a r i , J.)

07.05.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa8 5f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D2 6F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL