Apr - High Court of Judicature at Allahabad

1 All] Ram Mohan Dayal V. State of U.P. and another 427
to grant the higher pay-scale in terms of
Government Order dated 26th Sept., 1990
(Annexure-11 to the writ petition) on the
ground that the petitioner has already
retired from service. While he was in
service, he was not a regular employee
and attained the age of superannuation
before receiving the recommendation of
U.P. Public Service Commission
(hereinafter referred to as "the
Commission").
3. The Petitioner was initially
appointed on the post of Junior Engineer
(Civil) in the Irrigation Department and
joined on the said post on 4th August,
1957. His services were approved by the
Commission on the said post and
confirmed from 1.1.1966. A seniority list
was prepared in which the petitioner was
placed at serial No. 595 and two other
persons namely Jagdish Pradesh Saxena
and Jagdish Prasad Gupta were placed at
serial No. 618 and 615 respectively
against the 25% vacancies falling within a
quota of promotees in the cadre of
Assistant Engineer (Civil). The petitioner
was promoted on ad-hoc basis on
14.8.1989 (Annexure-3 to the writ
petition).
4. Keeping in view a length of
satisfactory service of the petitioner, the
petitioner was entitled for regularisation
under the provision of The U.P.
Regularisation of Ad-hoc Promotion (on
posts within the purview of Public Service
Commission) Rules 1988 (hereinafter
referred to as "the Rule"). However, he
could not be regularized under the Rule
during the period of his employment.
Petitioner attained the age of
superannuation on 31.12.1994.
5. It appears that before the
retirement of the petitioner the State
Government had sent the case of the
petitioner and other persons with due
recommendation to the Commission for
regularisation. The Commission vide his
order dated 1st Sept., 1997 approved the
proposal of the State Government for
regularization of petitioner and other
similarly situated persons under the Rule
(supra). The copy of the approval of the
Commission has been filed as Annexure-6
to the writ petition. From perusal of the
approval of the Commission, it appears
that the petitioner's services were
regularized against the vacancies of 1988-
89 along with other similarly situated
persons.
6. According to the learned counsel
for the petitioner, under the government
order dated 26th Sept., 1992 all the
Assistant Engineers who have rendered
five years of satisfactory service were
entitled for pay of higher pay scale i.e. Rs.
3000-4500 and after 18 years of
satisfactory service they were entitled for
enhancement of pay i.e. Rs. 3700-5000.
Further submission of the petitioner's
counsel is that since Sri Jagdish Pradesh
Saxena and Sri Jagdish Prasad Gupta,
juniors to the petitioner, were promoted
then the petitioner is also entitled to be
promoted.
7. Earlier, the petitioner filed a Writ
Petition No. 1453 (S/B) of 2006 with the
prayer that he may be granted the higher
pay-scale of Rs. 3000-4500 in terms of
government order dated 26th Sept., 1992
and 23rd August, 1997. A division Bench
of this Court vide judgment and order
dated 18th Oct., 2006 had directed the
State Government to take a decision on