- (1.) In this appeal, the appellant is aggrieved by the denial of promotion from the post of Surveyor to the post of Kanungo and thereafter to the post of Naib Tehsildar. The scale of pay of the Surveyor at the relevant point of time was Rs. 3050-4590/-. The scale of pay of Kanungo was Rs. 4500-7000/-. The scale of pay of Tehdildar was Rs. 5500-8000/-.
(2.) The appellant was appointed as Surveyor in the year 1981. Citing the case of one of his co-employees Sri Srivastav, who was granted promotion to the post of Kanungo in the year 1985 and his subsequent promotion to the post of Naib Tehsildar, the appellant also claimed promotion to the post of Kanungo and Naib Tehsildar from the post of Surveyor which came into effect in the year 1996. The Division Bench of the High Court when considering the claim of the appellant held that the claim to such appointment was made by the appellant after eight long years i.e. in the year 2004 while the appellant in the year 1996, accepted the promotional pay scale which was extended to him in the post of Surveyor itself. The Division Bench also found that by the time the said Mr. Srivastav was granted promotion, the appointment of promotion to the post of Kanungo and Naib Tehsildar was effective which subsequently ceased to exist and therefore, there was no scope to consider the case of the appellant on par with the said Mr. Srivastav.
(3.) When the present appeal was moved before this Court against the said impugned judgment of the High Court, the appellant gave up his claim for promotion and the appeal was, therefore, restricted to the appellant's entitlement, if any, for appropriate pay scale. The respondent has filed a detailed counter affidavit in this appeal. Paras 3 and 4 of the said counter affidavit is relevant for our present purpose which are as under:- "3. It is submitted that as per the provisions of the Government order dated 3.6.1989, the Parishad employees were given facility of Selection Grade-1 promotion pay scale and accordingly vide Parishad orders dated 2.12.1993, 7.3.1994, 18.10.1997 and 11.7.2000, Surveyors working in the Parishad were given selection Grade/promotion pay scale and accordingly petitioner was given an increment on 3.1.1992 as he had completed his 10 years service despite one year's adverse entry in his credit. 4. It is submitted that as per the provisions of Government order dated 8.11.2001 in respect of periodic pay scale/promotional pay scale of Rs. 4500-7000/-.";