RITU RAJ AWASTHI, J. - (1.) HEARD learned Standing Counsel for the appellants as well as Mr. S.M.K.Chaudhary, learned Sr. Advocate for the respondents and perused the records. This special appeal arises out of the judgment and order dated 16.2.2006, passed in Writ Petition No. 4023 (S/S) of 2002, R.K.Soni & others Vs. State of U.P. & others, whereby the learned Single Judge has allowed the writ petition and directed the appellants to give promotional pay scale of Rs. 2200-4000 with effect from the due dates to the respondents.
(2.) THE brief facts of the case are that the respondents are Assistant Lecturers in Government Govind Ballabh Pant Polytechnic, Lucknow, which is governed by the U.P. Samaj Kalyan Vibhag. In the year 1998, the respondents had preferred a claim petition before the U.P. State Public Services Tribunal with regard to grant of promotional pay scale of Rs. 2200-4000 with effect from the due date after completion of 14 and 16 years of service. The said claim petition was allowed by the judgment and order dated 1.11.2000 with a direction to the appellants to consider the case of the respondents for grant of the promotional pay scale with effect from the due dates as and when they completed 14 and 16 years of service. The case of the respondents was considered by the State Government and by order dated 8.10.2001, the State Government rejected the claim of the respondents mainly on the ground that under the U.P. Samaj Kalyan Rajpattrit Adhikari Seva Niyamawali, 1991 (hereinafter referred to as 'Niyamawali, 1991'), the Assistant Lecturers working in Government Gobind Ballabh Polytechnic, Lucknow have no avenues of promotion. Moreover, as per the Government Order dated 3.6.1989, Para-3 (10), the next promotional pay scale is admissible to only those employees who have been regularized and have completed 6 years of satisfactory service in the selection grade. The respondents were placed in the pay scale of Rs. 1640-2900 w.e.f. 1.1.1986 and in the absence of provision of promotion the next higher pay scale available to them was Rs. 2000-3200. By the Government Order dated 4.6.1998, the respondents have been given the said next higher scale and as such they are not entitled to get the pay scale of Rs. 2200-4000. The said Office Order dated 8.10.2001 was challenged in Writ Petition No. 4023 (S/S) of 2002 by the respondents mainly on the ground that similarly situated persons in other Government Polytechnics controlled by the U.P. Technical Education Department have been granted the pay scale of Rs. 2200-4000 and even the persons (Instructors), who are lower in rank working in the same Polytechnic where the respondents are getting the said pay scale of Rs. 2200-4000. It was also pleaded that the judgment passed by the learned Tribunal has attained finality as it was not challenged by the State Government. However, by order dated 8.10.2001, the appellants had denied the benefit of the said judgment by rejecting the claim of the respondents.
(3.) LEARNED Standing Counsel submitted that since there was no provision of promotion from the post of Assistant Lecturers working in Government Gobind Ballabh Pant Polytechnic, Lucknow in the Niyamawali, 1991, which governed the service conditions of the respondents as such they could not have been granted the pay scale of Rs. 2200-4000. The promotional avenues of Assistant Lecturers in Polytechnics run by the Director of Social Welfare are different from those of Assistant Lecturers working in the Polytechnics run by the Director of Technical Education under the Directorate of Technical Education. Thus, the post of Lecturers is to be filled from two sources; 75% of the posts to be filled by means of direct recruitment through U.P. Public Service Commission, 25% of the post of Lecturers to be filled by means of selection also through the Public Service Commission from amongst the substantively appointed Assistant Lecturers/Instructors who have rendered at least 15 years of service and having A.M.I.E. or diploma and experience of 10 years. The promotional avenues available to the Assistant Lecturers of Government Polytechnics run by the Director of Technical Education are not available to the respondents in the Government Polytechnics run under the Director, Samaj Kalyan, the post of Lecturers is to be filled up 100% by direct recruitment through the Public Service Commission. There is no provision of promotion of Assistant Lecturers to the post of Lecturers in the Niyamawali, 1991.;