- (1.) BY the Court. Heard Shri Anadi Krishna Sinha, learned counsel for the petitioner and Ms. Aruna Misra, learned Standing Counsel for the opposite parties.
(2.) THE petitioner being aggrieved by the denial of special scale of Rs. 14,300-18,300 by opposite party has filed the instant writ petition. THE petitioner has alleged that at present he is posted as Finance Controller, Uttar Pradesh Food and Essential Commodities Corporation, Lucknow. THE petitioner has further alleged that initially he was appointed in the pay scale of Rs. 8,000-10,000 and thereafter he was granted Senior Scale Grade-II of Rs. 10,000-15,200 in the year 1995-1996. He has also alleged that Senior-Scale Grade-I of Rs. 12,000-16,500 was granted in the year 2000-2001. It is admitted case of the parties that the services of the petitioner are governed by U.P. Finance and Accounts Service Rules, 1992. Rule 19 of the U.P. Finance and Accounts Service Rules, 1992 is as under : "Special Scale-Selection to the Special Scale shall be made on the recommendation of a Selection Committee on the basis of merit from amongst such substantively appointed officers of the Senior Scale Grade-I who have completed three years, as such on the first date of July of the calendar year in which the selection is made" The Departmental Promotion Committee was constituted to consider the candidature of the petitioner and other eligible persons for the grant of Special Scale of Rs. 14,300-18,300 from the Senior Scale Grade -I. The case of the petitioner was also considered for the grant of special scale along with other eligible persons, but the Departmental Promotion Committee refused to recommend the name of the petitioner for the grant of Special Scale of Rs. 14,300-18,300.
(3.) IN compliance of the order passed by this Court, the learned Standing Counsel has placed before us the original record of the Departmental Promotion Committee. The record reveals that on the basis of entries from the year 1998-1999 to 2007-2008,28 marks were awarded to the petitioner after deducting the marks of one censure and one adverse entry and 22.8 marks were awarded to Shri Akhilesh Kumar whom the D.P.C. has recommended for the grant of Special Scale of Rs. 14,300-18,300. From the record it is evident that during the year 1999-2000 when an adverse entry was awarded to the petitioner he was rated excellent on, the basis of overall performance and for the year 2007-2008 when censure entry was awarded to him he was again rated excellent and for the remaining years 1999-2000 to 2006-2007 he was again rated excellent on the basis of overall performance. The Departmental Promotion Committee in an arbitrary and illegal manner has not recommended the name of the petitioner for the grant of Special Scale, although Shri Akhilesh Kumar who was inferior to the petitioner in all respects was recommended for the grant of special scale of Rs. 14,300-18,300. It is a hostile discrimination. The writ petition deserves to be allowed.;