MOHAMMAD YUNUS & ANOTHER Vs. STATE OF U P
LAWS(ALL)-2018-8-76
HIGH COURT OF ALLAHABAD
Decided on August 14,2018

Mohammad Yunus And Another Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

Abdul Moin, J. - (1.) Heard Sri P.K. Srivastava, learned counsel for the petitioners and learned Standing counsel appearing for State-respondents.
(2.) By means of the present petition, the petitioners have prayed for the following reliefs:- (i) To issue a writ, order or direction in the nature of certiorari quashing the orders dated 23.02.2011 and 14.03.2013 passed by the opposite party no. 2, as contained in Annexure No. 1 and 2 respectively to this writ petition, after summoning the original of the same from the opposite parties. (ii) To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to grant the Pay Scale in Grade Pay of Rs. 4600/- (Pre-revised Rs. 6500-10500/-) and Rs. 4800 in PB-2 from the date the Accountants (changed name of the post is Samiksha Adhikari (Lekha)) working in Accounts Cadre of Department of Secretariat Administration were given. (iii) To pass any other suitable order or direction which is deemed just and proper in the circumstances of the case may also be passed. (iv) To allow the writ petition with costs.
(3.) The case set forth by the petitioners is that the petitioners are working in the Department of Agriculture, having been appointed on the post of Accountant on 28.06.1999 after following the procedure prescribed under the Uttar Pradesh Agriculture Department Accounts (Non-Gazetted) Service Rules, 1982 (hereinafter referred to as "Rules, 1982") in the pay scale of Rs. 5000-8000/-. The petitioners profess themselves to be having a Masters Degree in Commerce (M.Com) with accountancy as one of the subjects in B.Com or have passed the Divisional Test which is the qualification prescribed for direct recruitment on the post of Accountant under the Rules, 1982. The recruitment for the post of Accountant is to be done by a Selection Committee to be constituted as in Rule 15 (1) of the Rules, 1982, which comprises of three members namely the Additional Director of Agriculture, Joint Director Agriculture and Chief Accounts Officer. Incidently, this Selection Committee is the same for direct recruitment of Assistant Accountant also. Copy of Rules, 1982. are annexure-3 to the writ petition.;


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