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2007 Supreme(All) 65

IN THE HIGH COURT OF ALLAHABAD
Honourable Judges: V. K. Shukla, J.
SATYA PRAKASH SHARMA - Appellant
Versus
STATE OF UTTAR PRADESH - Respondents
Civil Misc. Writ Petition 47915 Of 2006
Decided On : 01/09/2007

V. K. SHUKLA, J.

( 1 ) PETITIONER, Satya Prakash Sharma, has approached this court questioning the validity of decision dated 10. 08. 2006 and 21. 08. 2006 taken by the District Judge, Meerut, disturbing seniority of petitioner and thereby placing him out side from the zone of consideration for being promoted to the post of Sadar Munsarim, and further for directing the respondents not to interfere with the functioning of petitioner as Sadar Munsarim at Family Court, Meerut and to pay regular salary in the pay scale of Rs. 5500-9000/- every month.

( 2 ) BRIEF background of the case is that petitioner was appointed as clerk in the judgeship of Meerut in the lowest pay scale of Rs. 100-180. Omvir Sharma, respondent No. 4, was appointed as clerk in the lowest pay scale of Rs. 200-320/-, which was revised to equal pay scale of Rs. 100-180, at the said point of time. Petitioner was accorded promotion to the next higher scale of Rs. 230-385. Omvir Sharma was also accorded promotion to the next higher scale of Rs. 300-550/-, which was revised pay scale equivalent to Rs. 230-385/ -. On 01. 06. 1987 seniority list was published, wherein petitioner was shown as serial No. 22, whereas Om Veer Sharma at serial No. 25. Promotion in the pay scale of Rs. 1350-2200 was to be made. Petitioner, on account of his illness and bad health, requested that he was not interested in promotion to the pay scale of Rs. 1350-2200. It was also mentioned that he did not intend for future promotion also, and in this regard application dated 13. 05. 1994 was moved with the said request. The request of the petitioner was considered by the committee, which was headed by IInd Additional District Judge on 09. 06. 1994. In pursuance of the said consideration report dated 07. 06. 1994 was approved on 09. 06. 1994 in following terms:

"i have perused the report of Promotion Committee headed by Sri Radha Kant, 2nd Additional District Judge, Meerut, dated 07. 06. 1994 regarding the representation of Sri Satya Prakash Sharma dated 13. 05. 1994 praying that he may be debarred permanently from promotion in the next grade of Rs. 1350-2200/- In view of the report of the committee, recommending that his representation may be accepted, it is hereby ordered that Sri Satya Prakash Sharma, working as Munsarim in the court of Civil Judge, Meerut, in grade of Rs. 1200-2040 is debarred permanently for promotion in the next higher grades. Let an entry be made in the Service Book, Character Roll and Gradation List to this effect. Inform all concerned. (K. K. Verma) District Judge, Meerut 9. 6. 94"

( 3 ) ON account of the afore-quoted order, petitioner continued in the pay scale of Rs. 1200-2040/ -. Seniority list was again published on 01. 05. 1995, wherein petitioner was at serial No. 7, while Omvir Sharma was at serial No. 10. Omvir Sharma was accorded promotion to the pay scale of Rs. 1350-2200 on 01. 09. 1995. Petitioner on 01. 06. 1996 and 17. 09. 1996 requested that on account of his continuing medical condition he be permitted to continue on the lower pay scale. Thereafter on 30. 11. 1996, petitioner requested expressing his willingness for promotion to the pay scale of Rs. 1350-2200 with request that he may be assigned the work of reader. The Promotion Committee so constituted supported the claim of petitioner, and thereafter on 02. 01. 1997, petitioner was accorded promotion in the payscale of Rs. 1350-2200. Respondent No. 4 was granted promotion to the pay scale of Rs. 1400-2300/-, and petitioner was accorded promotion to said pay scale of Rs. 1400-2300 on 01. 12. 1997. On 23. 12. 1997. Government Order had been issued revising the pay scale with effect from 01. 10. 1996. In the revised pay scale so circulated, the two pay scales of Rs. 1350-2200 and Rs. 1400-2300/- were merged and a unified revised pay scale of Rs. 4500-7000/- was recommended. District Judge, Meerut sanctioned the pay scale of Rs. 1350-2200/- to the petitioner as promotional pay sale on personal promotion with






























































































































































































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