Decided on April 26,2021

Dulal Goswami Appellant


AKIL KURESHI, C.J. - (1.) These appeals arise out of a common judgment of the learned Single Judge. They have been heard together and would be disposed of by this common judgment. For convenience, we would refer to facts arising in Writ Appeal No.109 of 2021 which is treated as a lead matter. These facts are as under:
(2.) The appellant-original petitioner joined as a Junior Operator (Pump) pursuant to an order 04.08.1990 in the scale of pay of Rs.970- 2,400/-. As per the then prevailing Government policy upon completion of 10 years of service in the grade without promotion, he was entitled to the benefit of ACP-I. Accordingly, he was granted 1st ACP w.e.f. 25.08.2000 and placed in the scale of pay of Rs.3,300-7,100/- under ROP, 1999.
(3.) Upon completion of further 7 years of service without promotion he was entitled to the benefit of ACP-II. Such benefit was granted to him w.e.f. 25.08.2007. His pay was fixed in the scale of pay of Rs.4,200- 8,650/-. After completion of further 8 years of service without promotion, he would be entitled to benefit of CAS-III as per ROP, 2009. He was not granted this benefit. He, therefore, first made representations to the department and when his grievance was not resolved, he filed WP(C) No.306 of 2019. Before the learned Single Judge the department took a stand that at the time of granting the benefit of ACP-II to the petitioner, the department had erroneously fixed his pay in the scale of pay of Rs.4,200- 8,650/- whereas the next scale above the petitioner's scale of Rs.3,300- 7,100/- was Rs.4,000-7,890/- (pre-revised). According to the department, thus the petitioner had already consumed three scale advancements and in the process his right to claim third benefit of scale upgradation under ROP, 2009 no longer survived. The department pointed out that the scale of pay of Rs.4,200-8,650/- was revised to Rs.5,310-24,000/- which was already granted to the petitioner and the petitioner, therefore, was not entitled to any further scale advancement.;

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