AWAN KUMAR TIMBER MERCHANTS AND SUPPLIERS Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-1999-7-177
HIGH COURT OF ALLAHABAD
Decided on July 29,1999

Awan Kumar Timber Merchants and Suppliers Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

N.K. Mitra, C.J., - (1.) THE question that arises for consideration in this Special Appeal is whether the respondents who belonged to Lekhpal cadre of State Services were entitled to be given -the pay scale of 'Bhulekh Nirikshak'. i.e.. Rs. 1350 -30 -1440 -40 -2200 with effect from 28.1.1991 as held by the learned single Judge or with effect from 1.8.1994 as held in the order impugned in the writ petition? The answer to the question would, in our opinion, depend on the interpretation of Clause 3 (10) of Government Order No. VI. A.a -1 -1763/Das -391M)/89 Vitt (Vetan Aayog) Anubhag -1. Lucknow, dated June 3. 1989 and Its interaction with the orders dated 28.1.1991 and 1.8.1994 the Commissioner and Secretary. Rajasva Parishad Anubhag -4, Lucknow for the Board of Revenue U. P.
(2.) WE have had heard Sri M. S. Plpersenla, learned standing counsel for the appellants and Shri P. N. Saxena for the respondents. With the consent of the learned counsel for the parties, the matter was taken up for final disposal at the admission stage itself. It may be recalled that upon consideration of the report of Samata Samiti, Uttar Pradesh (1989), the pay scales admissible to State Government servants were revised w.e.f. 1.1.1986. The scale of pay of Lekhpal -Assistant Registrar Kanoongo, Registrar Kanoongo and Bhulekh Nirlkshak also known as Rajashva Nlrikshak or Supervisor Kanoongo was Rs. 950 -20 -1150 -E.B. -25 -1500 ; 975 -25 -1150 -E.B. -30 -1660 ; 1200 -30 -1560 -E.B. -40 -2040 and 1200 -30 -1560 -E.B. -40 -2040 respectively. The scale of pay admissible to Assistant Registrar Kanoongo was further revised vide Government Order dated 22.2.1995 as Rs. 1200 -30 -1560 -E.B. -50 -2200 vide Government Order dated 4.6.1992.
(3.) THE Government Order dated 3.6.1989 which defines the term 'present perquisites' was issued laying down therein the principles for determination of pay of the Government servants in the revised scales of pay. Sub -para (10) of para 3 of the Government Order aforestated being relevant is quoted below for ready reference :    ;


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