BHUWAN CHANDRA PATHAK Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2013-7-240
HIGH COURT OF UTTARAKHAND
Decided on July 19,2013

Bhuwan Chandra Pathak Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Sudhanshu Dhulia, J. - (1.) The petitioner was appointed as Prison Guard in U.P. Jail Services in the year 1991. His services are governed by the rules known as U.P. Reserve Guard/ Jail Warder Service Rules. As per the rules, the petitioner was liable to be given the first selection grade after 8 years of service and thereafter promotion pay-scale after 14 years of service. The next higher post, as per the rules, from Prison Guard is Head Prison Guard and the petitioner was given the promotional pay-scale of Head Prison Guard. The next promotional post is that of Chief Jail Warder which carries a pay-scale of Rs. 4000- 6000. The petitioner now contends that he is liable to be given the pay-scale of Sub-Jailor which carries the pay-scale of Rs. 5000-8000. The reason being that in Uttarakhand there is no post of Chief Jail Warder. Since under U.P. Reserve Guard/ Jail Warder Service Rules the post of Chief Jail Warder still continues to exist, the respondent has given the scale of Rs. 4000-6000 to the petitioner and has justified the same.
(2.) The petitioner, on the other hand, contends that after the creation of the State of Uttarakhand and in the present structure adopted in Uttarakhand, there is no post of Chief Jail Warder and therefore the petitioner is liable to be promoted to Sub-Jailor or given the next higher scale of Sub Jailor. Learned State counsel admits that in Uttarakhand there is no post of Chief Jail Warder but still justifies giving the pay-scale of Chief Jail Warder to the petitioner, as the post continues to be on the books!
(3.) This contention of the respondent seems to be arbitrary particularly in view of the fact that there is a recommendation of Pay Committee to the Government that the two posts be merged in Uttarakhand. In view of the above, since there is no post of Chief Jail Warder, the next higher post or pay scale after 24 years of service, which is of Sub Jailor, is liable to be given to the petitioner.;


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