- (1.) Satish Kumar Singh and 20 others are before this Court with request to issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 12.2.2014 passed by the Director (Panchayati Raj), U.P. Lucknow. They have further prayed for mandamus commanding the respondents not to withhold the Grade Pay to which they are entitled in the light of the Government order dated 21.12.2011 i.e. Grade Pay of Rs.2800/- on completion of 10 years, which is the scale of Assistant Development Officer (Panchayat), Grade Pay of Rs.5400/- on completion of 16 years, which is the scale of District Panchayat Officer and Grade Pay of Rs.6600/- on completion of 26 years, which is the scale of Deputy Director (Panchayat).
(2.) Record in question reflects that the petitioners are working as Gram Panchayat Adhikaries in different blocks of District Allahabad. The State Government issued a Government order on 4.5.2010 for giving benefits under Assured Career Progression (ACP) to the government employees on the basis of recommendation of Wage Commission, 2008. The aforesaid Government order dated 4.5.2010 was amended vide Government order dated 22.12.2011 providing that the person under ACP non-functional pay scale shall be ignored. It has been stated that as per aforesaid Government order, the petitioners are entitled to be given the Grade Pay of Rs.2800/- on completion of 10 years, which is the scale of Assistant Development Officer (Panchayat), Grade Pay of Rs.5400/- on completion of 16 years, which is the scale of District Panchayat Officer and Grade Pay of Rs.6600/- on completion of 26 years, which is the scale of Deputy Director (Panchayat). In several divisions, the similar persons have been accorded the Grade Pay of Rs.2800/-, Rs.5400/- and Rs.6600/- on completion of 10 years; 16 years and 26 years respectively. By the impugned order dated 12.2.2014, the Director (Panchayati Raj), U.P. Lucknow amended para-3 of the Government order dated 4.5.2010 providing that the Gram Panchayat Adhikari shall be entitled to get Grade Pay of Rs.2400/-, 2800/- and 4200/- under ACP on completion of 10, 16 and 26 years respectively.
(3.) Shri Dhruv Narayan, Senior Advocate assisted by Shri Namit Srivastava, appearing for the petitioners submitted that the petitioners are working as Gram Panchayat Adhikaris in District Allahabad. They are claiming the benefit of Government order dated 4.5.2010 for grant of ACP in the Grade Pay of Rs.2800/-, Rs.5400/- and Rs.6600/- on completion of 10 years, 16 years and 26 years respectively. Similar benefit has been accorded to one Shri Akash Awasthi, Gram Panchayat Officer on 17.4.2009 on completion of 10 years service by the District Panchayat Raj Officer, Lakhimpur Khiri vide order dated 11.4.2012. On the basis of the Government order dated 22.12.2011, Shri Suryamani, Assistant Development Officer (Panchayat), Barabanki has also been given the benefit of Grade Pay of District Panchayat Officer on completion of 10 years; Grade Pay of Deputy Director (Panchayati Raj) on completion of 16 years and Grade Pay of Director (Panchayati Raj) on completion of 26 years by the Director, Panchayati Raj, U.P. vide Office Memorandum dated 2.1.2013. The petitioners have obtained information under Right to Information Act that the Government order dated 22.12.2011 is applicable to all the employees of the State Government. During the pendency of the present writ petition, certain new Government orders dated 6.6.2014 and 5.11.2014 have been passed.;