High Court · 2025

1. Mr. Harsh Raut ela, Advocat e holding learned brief of Mr. Shobhit Saharia, counsel for t he pet it ioner. 2. Mr. D.S. Bora, Counsel for t he St at e of Ut t arakhand. learned St anding

3. Pet it ioner was appoint ed as Senior I nst ruct or in a Training I nst it ut e run by Rural Developm ent Depart m ent . He was prom ot ed as Ext ension Training Officer on 01.07.2006. He was grant ed grade pay of ₹6600, as second ACP w.e.f. 13.07.2009. According t o him , he was entitled to grade pay of ₹8700 w.e.f. 13.07.2015, as 3 rd ACP, however, he was given only grade pay of ₹7600, which according t o him , is unj ust and illegal. Thus, feeling aggrieved, pet it ioner has approached t he following reliefs: - t his Court seeking ( i) ( ii) I ssue a writ , order or direct ion in t he nat ure of cert iorari quashing t he order dat ed 04.06.2020 t he ext ent of grant ing t he benefit of 3 rd ACP in t he grade pay of 7600/ - . t o I ssue a writ , order or direct ion in t he t he nat ure of m andam us com m anding t he t o grant respondent no. 1 and 2 benefit of 3 rd ACP in t he grade pay of 8700/ - t erm s of Governm ent Orders dat ed 8.3.2011 r/ w 6.11.2013. t he pet it ioner t o

4. Learned St at e Counsel subm it s t hat t he earlier Rules, governing t he service pet it ioner, were condit ions t he t hat under pet it ioner was repealed and new Rules were enforced vide not ificat ion dat ed 27.05.2011. He subm it s t he new Rules, pet it ioner was not ent it led t o any furt her prom ot ion and in t he absence of any prom ot ional avenue, under t he prevailing Rules, adm issible for t he next higher grade as 3 rd ACP. Thus, he subm it s t hat grant of ₹7600 as 3rd ACP was j ust ified as pet it ioner was not ent it led t o grade pay of ₹8700, which was adm issible for t he Developm ent Deput y Com m issioner. Learned St at e Counsel furt her point s out t hat pet it ioner ret ired t he post of on 31.10.2016 Ext ension Training Officer. a j udgm ent Learned counsel for t he pet it ioner 5. dat ed relies 07.05.2013 coordinat e rendered by Bench of t his Court in WPSB No. 152 of 2012 and subm it s t hat in t he said writ pet it ion, a person, holding t he posit ion of Principal in a Ext ension Training Cent re, was granted grade pay of ₹8700. He, t hus, subm it s t hat pet it ioner’s case is covered by t he said j udgm ent . t he pet it ioner, Learned St at e Counsel, however, 6. subm it s t hat t he said j udgm ent is not applicable t o t he fact s of t he present case, as here t he Recruit m ent Rules were repealed in t he year 2011, which blocked t he prom ot ional avenue available t herefore, pet it ioner t o cannot claim grade pay, adm issible for t he of Deput y Developm ent Com m issioner as 3 rd ACP, as he was not eligible for prom ot ion t o t he said post and he was right ly given grade pay of ₹7600, which is the next higher grade pay. Learned St at e Counsel furt her 7. subm it s t hat in t he j udgm ent , relied by t he pet it ioner, t he concerned Officer had becom e eligible for benefit of 3 rd ACP before enforcem ent of 2011 Rules, which were not ified on 27.05.2011. Thus, he subm it s dist inguishable on fact s and pet it ioner cannot j udgm ent . claim benefit of j udgm ent t hat t he

8. We find subst ance in t he subm ission learned St at e Counsel. advanced by Eligibilit y for prom ot ion has t o be seen wit h reference t o t he Recruit m ent Rules. I n case of pet it ioner, t he Recruit m ent Rules had undergone a change in 2011, as a consequence, pet it ioner becam e ineligible for prom ot ion t o t he post of Deput y Developm ent Com m issioner. I n t he j udgm ent rendered by coordinat e Bench, concerned Officer becam e eligible for prom ot ion before Rules underwent a change. Thus, t he said j udgm ent does t he pet it ioner. not help Petitioner’s claim for grade pay of ₹8700 t he post of Deput y adm issible t hus Developm ent Com m issioner, wit hout any basis. t he case of

9. Accordingly, t he writ pet it ion fails and is dism issed. ( Su b h a sh Up a d h y a y , J.) ( M a n o j K u m a r Ti w a r i , J.)

02.07.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d 1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F46 10C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL