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2008 Supreme(All) 2363

DEVI PRASAD SINGH, V.D.CHATURVEDI
SUBHASH CHANDRA KUSHWAHA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
J.P. Maurya for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

By the Court.—Heard learned counsel for the petitioner and learned Standing Counsel.

2. The grievance of the petitioner is that he was working as Passenger Tax Officer in the Transport Department. He was directed to officiate on the post of Assistant Regional Transport Officer since 7.8.1996 and since then, he has been discharging duty as A.R.T.O. However, by order dated 28.5.1999, the petitioner was promoted on the post of Assistant Regional Transport Officer. The submission of the petitioner’s counsel is that the petitioner has not been paid salary of the post of A.R.T.O. for the period from 7.8.1996 to 28.5.1999. The representation submitted by him has been rejected by the impugned order dated August 26, 2002, passed by the Transport Commissioner. The learned counsel for the petitioner has relied upon the provisions contained in Para 49 Chapter VI of the Financial Hand Book Vol. II (Parts II to IV) and submitted that since the petitioner had discharged duty on the higher post of A.R.T.O. w.e.f. 7.8.1996 to 28.5.1999, he is entitled for payment of higher pay scale. He further submits that the several persons who had discharged duty on the post of Assistant Regional Transpo























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