P.C. SAXENA Vs. STATE GOVT. OF U.P.
LAWS(ALL)-1968-1-44
HIGH COURT OF ALLAHABAD
Decided on January 11,1968

P.C. Saxena Appellant
VERSUS
State Govt. Of U.P. Respondents

JUDGEMENT

Satish Chandra, J. - (1.) The petitioner is aggrieved by an order dated 6th September, 1967, passed by the State Government, changing his designation and reducing bis emoluments. In January, 1947, the petitioner was appointed as Head Assistant in the office of the Sugar Commissioner, U- P. Kanpur, in the scale of Rs. 200-250. The scale was, with effect from April 1, 1947, revised and increased to Rs. 300-400. By an order dated August 7, 1952, passed by the State Government, the office of Sugar Commissioner was combined with that of the Cane Commissioner. As a result, several posts were abolished But the post of Head Assistant held by the petitioner continued. It was directed in the order dated 7th August, 1952, that the post of Head Assistant held by the petitioner would remain attached to the Cane Commissioner. The Cane Commissioner bad already a Head Assistant attached to him. To avoid confusion created on account of there having become two posts designated as Head Assistants, the State Government by an order dated 15th November, i952, charged the designation of the petitioner from Head Assistant to Personal Assistant to the Sugar Commissioner. It was clarified in the order dated 15th November, 1952, that the change in the designation was made purely as a measure of administrative convenience and that would not confer any higher status on the incumbent.
(2.) Subsequently, the Government issued an order dated May 9, 1955, sanctioning a temporary post of personal Assistant to the Sugar Commissioner in the scale of Rs. 200.400. By another order dated 28th April, 1958, this temporary post of personal Assistant was made permanent with effect from April 1, 1956, and it was directed that the incumbent of that post would draw dearne's allowance in accordance with Government orders in force from time to time. On 7th January, 1957, the Sugar Commissioner confirmed the petitioner on the post of Personal Assistant with effect from 1st April, 1956, subject to his being found medically fit. The petitioner was then medically examined and on his being declared medically fit, the Sugar Commissioner confirmed th8 petitioner on the post of the personal Assistant with effect from April 1, 1956. As a result, the petitioner now became the holder of a permanent post of Personal Assistant in a substantive and confirmed capacity.
(3.) In 1964, the Government appointed a Pay Rationalisation Committee. In its report, the Committee recommended that the scale of pay of the Personal Assistant to Sugar Com. missioner be increased to Rs. 400-550. The Government by a resolution dated 29th July, 1985, accepted this report of the Pay Rationalisation Committee, and directed that separate orders implementing the new scales of pay would be issued in due course.;


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