Rajendra Singh v. State of Uttarakhand and others

confirmed on the post of Revenue Inspector w.e.f.

21.11.1974. On 01.05.1987, the post of Kar Adhikari fell vacant in Zila Parishad Nainital, due superannuation of Shri Hira Lal Sharma. The Upper Mukhya Adhikari Nainital vide order dated 05.05.1987, directed for handling over charge of the post of Kar Adhikari to the petitioner. In pursuance of the aforesaid order dated 05.05.1987, the petitioner took charge of the post of Kar Adhikari same day and thereafter he is continuously discharging the duties as Kar Adhikari. The Government of Uttar Pradesh vide Government Order dated 26.08.1988, granted approval to the duties discharged by the petitioner as Kar Adhikari between 05.05.1987 to 04.05.1988. The petitioner was also granted difference of pay for the period 05.05.1987 to 04.05.1988. The petitioner permitted to continue to discharge the duties of Kar Adhikari even after 04.05.1988. In the meantime District Nainital was bifurcated into two Districts namely Nainital and Udham Singh Nagar w.e.f.

30.09.1995, and the Zila Panchayats were also bifurcated. Due to this, two posts, one post of Karya Adhikari and one post of Kar Adhikari, were created for newly created Zila Panchayat Udham Singh Nagar. After the creation of Zila Panchayat Udham Singh Nagar, options were invited from the employees serving in Zila Panchayat Udham Singh Nagar. The petitioner opted for Zila Panchayat Udham Singh Nagar and was transferred to Zila Panchayat Udham Singh Nagar. The petitioner, after joining his service in Zila Panchayat Udham Singh Nagar, continued to hold additional charge of the post of Kar Adhikari. The State Government vide order dated 13.02.1990, declared its policy decision regarding grant of Selection Grade and Promotion Pay to the employees of Zila Parishads vide Government Order dated 13.02.1990. The said G.O. provides that such employees, who were appointed prior to 05.11.1985 and have opted for 58 years as age of retirement and the maximum of revised pay scale of whom is Rs. 3,500/-, shall be given Selection Grade of Pay after completion of ten years of satisfactory service on the said post and they shall also be given First Promotion Pay after six years of the grant of Selection Grade. The petitioner opted for 58 years as aged of retirement and as such he was entitled to Selection Grade of pay w.e.f. 20.11.1983, which was granted to him from the due date. The petitioner was thereafter, entitled to the pay scale for the post of Kar Adhikari as First Promotion Pay w.e.f. 20.11.1989. According to the provisions of U.P. Zila Parishad (Central Transferable) Rules, 1966, the post of Karya Adhikari has to be filled by promotion from Kar Adhikari and the post of Kar Adhikari has to be filled by promotion of Revenue Inspectors and Tax Inspectors who have completed ten years of continuous satisfactory service and, therefore, the petitioner is entitled to the pay scale for the post of Kar Adhikari and Karya Adhikari after completing 16 and 24 years of continuous satisfactory service on the same post. The petitioner submitted a representation to the respondent no.2, claiming regular promotion on the post of Kar Adhikari and also for the benefit of Government Policy. The respondent no.2 issued one order dated 22.05.2002 addressed to District Magistrate, Udham Singh Nagar wherein, it was provided that till appointment of regular Kar Adhikari/ Karya Adhikari or till further orders of the State Government, whichever is earlier, petitioner shall discharge duties as Kar Adhikari/ Karya Adhikari. But neither any Promotional Pay has been granted to the petitioner nor he has been promoted against the available vacancies. The respondents denied the benefit of Government Policy to the petitioner. Hence, the petitioner has filed this present writ petition.

#3. The respondents filed counter affidavit and submitted that the petitioner was suspended by the Nainital Zila Panchayat vide order dated 08.03.1995 and remained in suspension till 28.12.1996 and he was warned that he has to work honestly, diligently and regularly otherwise he will face administrative action. Thereafter, vide letter dated 22.05.2002 of Apar Sachiv Panchayati Raj Uttaranchal Shasan, Dehradun, the petitioner was asked to hold and do the work on the post of Kar Adhikari/Karya Adhikari without any pay and promotion. It is also submitted that since there has been no allocation of persons related to Zila Panchayat between State of U.P. & State of Uttaranchal, therefore, the seniority could not be finalized. The finalization of the seniority can only be done after preparing the Final Seniority list and thereafter, the promotion could be done by Departmental Promotion Committee.

#4. I have heard Shri Manoj Tiwari, learned Senior Advocate assisted by Shri Alok Mehra, learned counsel for the petitioner, Shri N.P. Sah, Standing Counsel for the State of Uttarakhand/respondent nos.1 to 3 and Smt. Beena Pandey, learned Standing Counsel for the State of Uttar Pradesh/respondent no.4 and perused the record.

#5. It is not disputed that the petitioner was appointed as Revenue Inspector on 20.11.1973 and was granted Selection Grade from 20.11.1983. It is also not disputed that the petitioner was asked by the respondents to work on the post of Kar Adhikari from

05.05.1987 and thereafter permitted him to continue on said post. As per Government Order, he is entitled to first Promotional Pay Scale of the post of Kar Adhikari w.e.f. 20.11.1989 (i.e. after 6 years of grant of Selection Grade) and on completion of 24 years satisfactory service the petitioner is further entitled for second Promotional Pay Scale of Karya Adhikari w.e.f.

20.11.1997. There is no justification in denying these pay scales to the petitioner. This action of respondents is not legal. Simple warning is not sufficient for denying benefit of the Government Order to the petitioner.

#6. In view of above discussion, writ petition is allowed. The respondents are directed to grant pay scale of Kar Adhikari to the petitioner w.e.f. 20.11.1989 and the pay scale of Karya Adhikari w.e.f. 20.11.1997. Let the entire exercise be completed within six months.

#7. No order as to costs.

10.12.2010 Arpan (V.K. Bist, J.)