- (1.) Heard Shri Hari Shankar Mishra, the petitioner in person and Shri A.K. Mehrotra, learned counsel for the respondents. Shri Hari Shankar Mishra, the petitioner has challenged the order dated 14th January, 2015 passed by the Executive Engineer in rejecting the claim of the petitioner for payment of dues as per the pay-scale admissible under the Old Scheme for grant of Two-Times scale upon completion of 10 years and 16 years of service as per the Board order dated 25.2.1989.
(2.) Brief facts giving rise to the present writ petition are that the petitioner was appointed as Officiating RGC on 30.1.1969 in Hydel Obra Plant, Thermal Power Station, Obra, Sonbhadra. He was promoted to the post of Noter & Drafter (N&D) on 6.1.1971. The erstwhile U.P. State Electricity Board by the Board Order No. 2754 dated 26.7.1977 had provided for the grant of next higher scale to its Class-III and Class-IV employees (excluding Junior Engineers) on completion of 10 years of the service on the particular post in regular cadre upto 31.3.1977 and from 1.4.1977 onwards, the scale next higher to that in which they had been working on 31.3.1977 has to be given, keeping the designation of the incumbent remained unchanged. The next higher pay-scale was available only to the category of staff. (as per the details given in the Annexure to the Board order dated 26.7.1977) Thereafter by another Board Order No. 569 dated 29.8.1986 readwith Board Order No. 1022 dated 27.12.1986, the next higher pay-scale i.e Second-Time scale was granted to its employees on the completion ten years of continuous service. Thus till the issuance of Board order dated 27.12.1986, the position was that the concerned employees of the erstwhile U.P. State Electricity Board (now known as U.P. Rajya Vidyut Utpadan Nigam Limited) were entitled for grant of Two-Times scale upon the completion of Ten (10) years and Sixteen (16) years of service. The petitioner had joined the Board service in the year 1969 and as such he became entitled for grant of First-Time scale w.e.f. 1.5.1979 and Second-Time scale w.e.f. 30.1.1985. The petitioner was, accordingly, granted First-Time scale of Rs. 530-810 w.e.f. 1.5.1979 and Second-Time scale of Rs. 610-955 w.e.f. 30.1.1985. The erstwhile Board revised the scheme for grant of Time-scale and by Board Order No. 489 dated 25.2.1989, it has provided for grant of Three-Times scale upon completion of Nine (9) years, Sixteen (16) and Twenty one (21) years of service.
(3.) Thereafter, by Board Order No. 497 dated 20.3.1989, Board Order No. 565 dated 20.3.1989, Board Order No. 1346 dated 16.7.1996, Board Order No. 914 dated 12.5.1998 and Board Order No. 1619 dated 29.9.1998, the period for the grant of First, Second and Third Times pay-scale of Nine (9) years, Sixteen (16) years and Twenty One (21) years; respectively, was reduced to Nine (9) years, Fourteen (14) years and Nineteen (19) years. It was inter alia provided that in case an employee opts for grant of Three-Time scale in pursuance of the Board Order No. 489 dated 25.2.1989 (popularly known as 'New Scheme') instead of Two-Time scale as provided in aforementioned Board Orders dated 26.7.1977, 29.8.1986 and 27.12.1986 (popularly known as 'Old Scheme'), then in that circumstances, the entire pay fixation of the said employee would be made and the calculation would be done under the New Scheme, subject to the conditions mentioned in the concerned Board Orders, floating the New Scheme. It was also provided in the New Scheme particularly in the Board Order No. 1346 dated 16.7.1996 that, in case, an employee does not opt for grant of pay-scale under the New Scheme, however, upon the review of the pay fixation of the said employee, if it transpires that the said employee would be in a beneficial position upon grant of pay scale under the New Scheme, then pay fixation of the said employee would be made under the New Scheme, subject to the conditions provided therein.;