STATE OF U P & ANOTHER Vs. KUNWAR SINGH NEGI
LAWS(UTN)-2013-4-67
HIGH COURT OF UTTARAKHAND
Decided on April 01,2013

State Of U P And Another Appellant
VERSUS
Kunwar Singh Negi Respondents

JUDGEMENT

- (1.) The reason for delay in preferring the appeal is absolutely casual. There has been 206 days' delay. First, no counter affidavit was filed for the same reason for which there has been 206 days' delay in preferring the appeal. Only on the ground that the cause of the State cannot be shut because of the laches on the part of the officers of the State in acting promptly, we are allowing the Application for condonation of delay in preferring the appeal.
(2.) On 1st May, 1986, respondent / writ petitioner was promoted to the post of Senior Stenographer. At that time, the scale of pay of Senior Stenographers was Rs. 515-860. On 28th August, 1989, the same was revised to Rs. 1400-2300, w.e.f. 1st January, 1986. On 7th September, 1995, the scale was further revised to Rs. 1640-2900, w.e.f. 1st January, 1986. Respondent / writ petitioner was given the pay-scale of Rs. 1640-2900 w.e.f. 9th September, 1995, but not from 1st May, 1986, i.e. the date he was promoted to the post of Senior Stenographer. Respondent / writ petitioner, accordingly, filed a writ petition, which was registered as Writ Petition No. 985 of 2004 (S/S). On 14th May, 2008, the said writ petition was disposed of by directing the authority concerned to consider the claim of the respondent / writ petitioner. The claim of the respondent / writ petitioner was rejected by an order dated 23rd January, 2009. While rejecting the said claim, the appropriate authority proceeded on the basis as if the respondent / writ petitioner was granted time-bound promotion, whereas the fact remains, as aforesaid, respondent / writ petitioner was promoted to the post of Senior Stenographer.
(3.) No counter affidavit was filed to the writ petition showing that the respondent / writ petitioner was not promoted to the post of Senior Stenographer and that he was only given a time-bound promotion. It has not been disputed in the present appeal that the respondent / writ petitioner was not promoted to the post of Senior Stenographer on 1st May, 1986. It has also not been disputed that, as on 1st May, 1986, Senior Stenographers were entitled to the pay-scale of Rs. 515-860 and the said pay-scale was altered on 28th August, 1989 to Rs. 1400-2300 w.e.f. 1st January, 1986 and, again, on 7th September, 1995 to Rs. 1640-2900 w.e.f. 1st January, 1986. In those circumstances, there is no contention even in this appeal as to why the respondent / writ petitioner shall be deprived of the pay-scale of Rs. 1640-2900 from 1st May, 1986 until 8th September, 1995. The fact remains that, from 9th September, 1995, respondent / writ petitioner was given the pay scale of Rs. 1640-2900. ;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.