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Uttarakhand High Court · body

2013 DIGILAW 815 (UTT)

HUKAM SINGH NEGI v. STATE OF UTTARAKHAND

2013-12-20

ALOK SINGH

body2013
JUDGMENT Hon’ble Alok Singh, J. (Oral) Petitioner was initially appointed on the post of Clerk on 08.04.1969 with Basic Education Board, Uttar Pradesh. Thereafter, petitioner was promoted on the post of Head Clerk on 28.07.2000. After creation of State of Uttarakhand, Uttarankhand School Education Act, 2006 was enacted. As per Section 58 of the Uttarakhand School Education Act, 2006, services of all the teaching and non teaching staff posted with the Basic Education Board shall stand transferred to the Government Department with effect from publication of the Notification in the official Gazette. Notification was published on 24.06.2006. Consequently, services of all the teaching and non-teaching staff, working with the Basic Education Board including the petitioner stood transferred to the Government Department with effect from 22.04.2006. Hence, petitioner became Government Servant with effect from 22.04.2006. 2. Vide Government Notification dated 03.06.2006 (Annexure No. 3 to the writ petition), it has been decided that the all the Senior Assistants or Chief Assistants working in the pay scale of Rs.4500–125-7000 or Head Clerk working in the pay scale of Rs.4500–125-7000 shall be re-designated as Administrative Officer Grade II and shall be paid salary of Rs. 5000–150- 8000 instead of Rs.4500–125-7000. 3. Claim of the petitioner for grant of pay scale of Rs. 5000–150- 8000 was declined by the respondents on the ground that prior to transfer of his service from Basic Education Board to the State Government, pay scales of ministerial staff working with the Government and Basic Education Board, were different. 4. On being asked, learned Standing Counsel for the State fairly submits that after transfer of services of petitioner from Basic Education Board to State Government, petitioner was discharging the duties as Head Clerk and was working in the pay scale of Rs. 4500–125-7000 which was being paid to other Senior Assistants or Chief Assistants or Head Clerks working with the State Government. 5. That being so, it can safely be concluded that pay scale of Head Clerk, Senior Assistant or Chief Assistant was Rs. 4500–125-7000, which has now been increased to Rs. 5000–150- 8000 and posts are re-designated as Administrative Officer Grade II, therefore, in my considered opinion, petitioner is entitled for enhanced pay scale of Rs. 5000–150- 8000 and denial to grant benefit of Government Order dated 03.06.2006 cannot be said to be justified, consequently, writ petition is allowed. Impugned order dated 19.06.2007 is hereby quashed. 5000–150- 8000 and posts are re-designated as Administrative Officer Grade II, therefore, in my considered opinion, petitioner is entitled for enhanced pay scale of Rs. 5000–150- 8000 and denial to grant benefit of Government Order dated 03.06.2006 cannot be said to be justified, consequently, writ petition is allowed. Impugned order dated 19.06.2007 is hereby quashed. Respondents are directed to grant pay scale of Rs. 5000–150- 8000 to the petitioner and to calculate the arrears and release the amount arrears in favour of the petitioner within 90 days from today and if arrears are not paid within 90 days from today, respondents shall pay interest @ 12 % per annum on the amount of arrears from the date of passing of this judgment till the actual payment is made. No order as to costs.