RAMA SHANKER RAM Vs. STATE OF U P THROUGH PRIN SECY DEPTT OF STAMP
LAWS(ALL)-2018-3-180
HIGH COURT OF ALLAHABAD
Decided on March 27,2018

Rama Shanker Ram Appellant
VERSUS
State Of U P Through Prin Secy Deptt Of Stamp Respondents

JUDGEMENT

Vivek Chaudhary, J. - (1.) Heard learned counsel for the parties.
(2.) These bunch of writ petitions are filed by the petitioners challenging the government order dated 15-02-2012 and the office order dated 19-09-2012. Similar reliefs are also prayed for in other writ petitions. For convenience, the reliefs as prayed for by the petitioners in Writ Petition No. 7464(S/S) of 2012, are quoted below :- i) issue a writ, order or direction in the nature of Certiorari quashing the paragraph 3 of the Government Order dated 15.2.2012, contained in Annexure No. 9 to the writ petition and also accordingly quashing the inter se eligibility list dated 9.7.2012 in which the petitioner No. 4 has been placed at Sl. No. 64, contained in Annexure no. 10 to the writ petition; ii) issue la writ, order or direction in the nature of certiorari quashing the office order dated 19.9.2012, contained in Annexure No. 19 to the writ petition, by means of which the orders dated 2.8.2005 and 4.6.2007, by which the higher scale of pay on the basis of the recommendation of the Second Pay Committee was made admissible to the petitioner, have been cancelled; iii) issue a writ, order or direction in the nature of mandamus restraining the opposite parties to give effect to the Government Order dated 15.2.2012 and the inter se eligibility list dated 9.7.2012 as well as to the impugned Order dated 19.9.2012; iv) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to continue to pay the salary to the petitioners in the scale of pay which has been made admissible to the petitioners by means of the orders dated 2.8.2005 and 4.6.2007; v) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to amend the Uttar Pradesh Registration Department Ministerial (Headquarters Establishment) Service Rules, 1979 since 2005; vi) issue a writ, order or direction in the nature of mandamus commanding the opposite parties to correct the eligibility list in view of the fact that the petitioners have been made admissible the benefit of the scale of pay of Rs. 5500-9000 w.e.f. 2.8.2005 and 4.6.2007."
(3.) Claim of the petitioners is that the petitioners were appointed on the post of Stenographers (Lower Grade) in the year 1991 and 1993 on regular basis in accordance with U.P. Registration Department Ministerial (Headquarters Establishment) Service Rules, 1979 (hereinafter referred to as ''the Service Rules of 1979). They all were confirmed in due course of time on the said post of Stenographers (Lower Grade) as per the service rules. After completion of 14 years of satisfactory service, they were also granted the selection grade and after completion of 16 years of service, the benefit of Second Assured Career Promotion(A.C.P.) was also granted to them by the government order dated 27.8.2004. The said government order also required for relevant amendments to be made in the service rules. However, petitioners were duly paid the revised pay-scales as per the government order dated 27.8.2004 without there being any amendment made to the rules. On 26.8.2005, an order was issued by the Personnel Department providing the requisite years of service for granting different scales of pay in Stenographer cadre and the petitioners, who were eligible, were also given the benefit of the said government order. On 24.8.2009, another government order was issued providing for new pay scales admissible to the Stenographers. All the said benefits were granted without making any amendments to the rules.;


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