STATE OF UTTAR PRADESH Vs. VIJAY SHANKAR DUBEY
LAWS(SC)-2020-3-72
SUPREME COURT OF INDIA
Decided on March 19,2020

STATE OF UTTAR PRADESH Appellant
VERSUS
Vijay Shankar Dubey Respondents


Referred Judgements :-

PURSHOTTAM LAL VS. UNION OF INDIA [REFERRED TO]


JUDGEMENT

ASHOK BHUSHAN,J. - (1.)This is an appeal filed by the State of Uttar Pradesh and others challenging the judgment of Division Bench of the Allahabad High Court, Lucknow Bench dated 01.11.2017 by which writ petition filed by the respondent seeking the benefit of higher pay scale with effect from 01.01.1996 has been allowed.
(2.)The brief facts of the case for deciding this appeal are:
The respondent was initially appointed as Assistant Public Officer on 11.02.1963. On 12.06.1964 the respondent was promoted as Joint Director, Prosecution, Class I post. The respondent attained the age of superannuation on 31.01.1997. At the time of retirement he was in the pay scale of Rs.3700-5000 as per Fourth Pay Commission Report. On the recommendations of the Fifth Pay Commission Report the pay scale for the post of Joint Director, Prosecution was revised upward to Rs.12000-16500 in place of Rs.3700-5000. Accordingly, pay scale of respondent was revised and he was given revised pension also.

(3.)To consider various representations and objections regarding the pay scale consequent to Fifth Pay Commission Report, accepted by the Government on 02.02.1997, a Committee under the Chairmanship of Chief Secretary was constituted. It is also referred as Committee to consider anomalies. The said Committee considered the amendment in the pay scale of the post of the Prosecution Branch also. The Committee recommended that the pay scale of various categories of Prosecution cadre should be upgraded as per the analogy of the post existing in the CBI Organisation of the Center with effect from 01.04.2001. For the post of Joint Director, Prosecution the pay scale was recommended to be revised into Rs.14300-18500 with effect from 01.04.2001. The recommendation of the said Committee was accepted by the Government and an order dated 02.02.2007 was issued accepting recommendation for amending the pay scale of Joint Director, Prosecution as Rs.14330-18500 with effect from 01.04.2001. The amendments in the pay scales with regard to other categories, were also amended from the same date i.e. 01.04.2001. The respondent who had retired on 31.01.1997, after the Government order dated 02.02.2007 submitted a representation on 21.07.2011 praying that he be given the benefit of the Government order dated 02.02.2007 and his pension be revised with effect from 01.01.1996. On 30.11.2012, the Director, Pension, Uttar Pradesh informed the respondent that he is not entitled for any revised pension since he has already retired from the services on 31.01.1997 and the amendment in the pay scale was enforced from 01.04.2001.
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