Hon’ble Arun Tandon, J.—Heard Shri H.C. Singh on behalf of the petitioner, Standing Counsel on behalf of the respondents.

2. These four writ petitions have been filed by employees who have been working as Draftsmen in the Irrigation Department of the State of U.P. as well as by their Association. All these writ petitions are directed against the orders issued vide letter of the Director, Adhishthan Punarikshan Bureau (Finance), U.P., Lucknow whereby after test checking it has been pointed out that payment of promotional pay scale as well as second promotional pay scale to the Draftsmen working in the Irrigation Department of the State of U.P. has wrongly been fixed accordingly consequential orders have been issued by the Engineer-in-Chief as well as by the other subordinate officers of the Irrigation Department for re-fixation of the same as well as for recovery of the excess amount paid to the petitioners.

3. For the purposes of the present writ petition the following facts may be recorded :

Petitioners have been admittedly working as Draftsmen in the Irrigation Department of the State of U.P. The service conditions applicable to the petitioners are regulated in accordance with the Uttar Pradesh Sinchai Vibhag Rekhankan Adhishthan Sewa Niyamavali, 1984. On the recommendations of the Pay Committee 1997-98 the Principal Secretary (Finance) issued a letter dated 2.12.2000 addressed to all the Secretaries and Head of the Departments of the State of U.P. which amongst other provided that on completing 14 years of service which would include six years of service after grant of selection grade the employee would become entitled to next higher promotional grade (termed as first Promotional pay scale). With reference to next promotional post available it is provided that in case where no promotional post is available, next higher pay scale applicable shall be granted on personal basis. Similarly on completing 24 years of service which would include five years of satisfactory service after grant of first promotional pay scale the candidate would be entitled to grant of second promotional pay scale. The mechanics for calculation of the grant of aforesaid promotional pay scale has been more specifically detailed in the Government order dated 2.12.2000 which has been enclosed as Annexure-4 to the writ petition.

4. On the strength of the Government order dated 2.12.2000 the petitioners were granted first promotional pay scale of Rs. 5000-8000 (pay scale applicable to the post of Computor) on their completing 14/16 years of satisfactory service. They were further granted second promotional pay scale of Rs. 8000-13,500 on their completing 24 years of satisfactory service.

5. By means of the impugned order issued in pursuance of the checking report of the Director, Punarishthan Bureau (Finance) U.P., Lucknow it has been directed that the petitioners would be entitled to the pay scale of Rs. 4500-7000 as the first promotional pay scale and Rs. 5000-8000 as the second promotional pay scale. Consequentially excess amount paid to the petitioner is to be recovered. It is against this order that the present writ petition has been filed.

6. It may be recorded that the aforesaid Government order has been explained vide Government order dated 20.8.2004 specifically paragraph six wherein it has been clarified that promotional pay scale with reference to the next post available for promotion under the Government order dated 2.12.2004 would mean the next post available for promotion only on the basis of seniority and no other additional qualification is required to be possessed by the candidate concerned or any examination is required to be cleared for the grant of promotion to the said higher post.

7. The aforesaid explanation as contained in the Government order dated 20.8.2004 is not under challenge in the present writ petition and, therefore, it has to be accepted as it is.

8. Under the service rules applicable to the petitioners it is no doubt true