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2021 Supreme(All) 295
IN THE HIGH COURT OF ALLAHABAD
CHANDRA DHARI SINGH, J.
Anuragh Singh & Others - Appellants
Versus
State Of U.P. Thru. Prin. Secy. Judicial & Legal - Respondent
Service Single No.30492 of 2017
Decided on : 21-05-2021
Advocate Appeared:
For the Appellant : Yadukul Shiromani Srivast
Point of Law: Ex-Cadre posts of Training Officer - Promotion granted - Rules regarding promotional avenues of Training Officer of JTRI is not in existence yet. However employees cannot be made to suffer in absence of such rules - Promotions are granted to a higher post to avoid stagnation. Work of Training Officer is perennial, regular and permanent and without this post, existence of JTRI may not be imagined.
Headnote:
Service matter - Judicial Training and Research Institute - Pay scale - Directing them not to make any recovery from salary and the emoluments already paid to petitioners as all of them deserve to be treated as appointed in cadre since date of their initial appointment. opposite parties by directing them not to give effect to the impugned orders which has been issued in circumvention of GOs - Create a structure of cadre by providing avenue of promotions from post of Training Officers.
Finding of the court: Post of Training Officers i.e. petitioners, were made permanent in 1990 and restructuring exercise is pending at government level since 2014. Restructuring exercise has not been finalised yet and sub-ordinate staff of petitioners are getting more salary than petitioners on account of the fact that the claim of petitioners has not been finalised. Even after continuous service of more than 25 years, petitioners are still struggling for their promotion and financial benefits - Post of Training Officer was not created for any specific person or particular period and not going to be abolished after their retirement. Institution like JTRI is meant for programmes relating to training & research, holding & organizing conferences at State, National & International Level wherefore Training Officers perform pivotal role, therefore, even assuming such post as an ex-cadre post would defeat very purpose of establishing the JTRI - Court do not find any logic or justification for passing an order for recovery or excess payment made to petitioners which has been given to them after considering their continuous long length of service.
Result: Petition is allowed
JUDGMENT :
Chandra Dhari Singh, J.
1. The petition has been filed with the following prayers:-
"(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.09.2017 served on 27.9.2017 as contained in Annexure Nos. 1, 2 & 3 to this writ petition.
(b) Issue a writ order or direction in the nature of mandamus commanding the opposite parties by directing them not to give effect to the impugned orders dated 25.9.2017 as contained in Annexure Nos. 1, 2 & 3 which has been issued in circumvention of the GOs dated 22.5.1990 & 16.11.1998 as contained in Annexure Nos. 9 & 15 respectively.
(c) Issue a writ order or direction in the nature of mandamus commanding the opposite parties by directing them to consider the petitioners for upgradation/ modification of their pay scale at least above those incumbents who were appointed in Office Staff i.e. ministerial cadre i.e. Group 'C' as since their initial appointments the petitioners are the gazetted officers.
(d) Issue a writ order or direction in the nature of mandamus commanding the opposite parties by directing them to create a structure of cadre by providing avenue of promotions from the post of Training Officers.
(e) Issue a writ order or direction in the nature of mandamus commanding the opposite parties by directing them not to make any recovery from the salary and the emoluments already paid to the petitioners as all of them deserve to be treated as appointed in the cadre since date of their initial appointment.
(f) Any other suitable direction or order may also be issued in favour of the petitioners, which this Hon'ble Court may deem fit and proper in the circumstances of the case."
2. Brief facts of the case are as follows:-
(i) The Judicial Training and Research Institute (JTRI) was established at Lucknow after Governor's approval in furtherance of National Joint Conference of Chief Ministers, Chief Justices & Law Ministers presided by Prime Minister with object for training & research of Judicial Officers, Law Officers, Government Advocates, and Public Prosecutors. The decision was followed by Law Commission's 14th & 17th Report.
(ii) The Governor of U.P. accorded the approval for establishing JTRI at Lucknow under the administrative control of Law Department, Government of U.P. Two 'Ex-Cadre' posts of Training Officer in JTRI were created with other gazetted posts by G.O. No. vf/kŒ2034/ lkr&mŒU;kŒ/1986-55/86 dated 06.08.1986. Vide G.O. No.959/ lkr&mŒU;kŒ/1986-55/86 dated 31.08.1987, two more Ex-Cadre posts of Training Officer were created. Thus, total number of Ex-Cadre posts of Training Officer at JTRI reached at 04 (Four).
(iii) Vide office order dated 16.08.1989, petitioner no.1 was appointed on the vacant post of Research Officer. Subsequently, vide office order dated 22.06.1990, he was promoted/appointed on the post of Training Officer. Petitioner No.1 was confirmed on the post of Training Officer vide order dated 28.10.1998.
(iv) Petitioner No.1 was not being allowed the next benefit arising out of IIIrd ACP and Petitioner Nos.2 and 3 of IInd ACP on the ground that since they are holding Ex-Cadre posts, they are not entitled for Time Scale/ACP.
(v) Vide Letter/G.O. No. lkΠ-976/ lkr&Uk;/-1-15-07( iz)/14 dated 06.08.2015, it was communicated/directed by the Government that either under the earlier arrangement of Time Bound Promotional Pay Scheme (for short 'Time Scale Scheme') or under the present scheme of Financial Upgradation (for short 'ACP'), there is no provision of grant of Financial Upgradation to the incumbents of Ex-Cadre posts.
(vi) Vide G.O.No.63/2016/lkŒ-1539/ lkr&Uk;-116 -7 iz/2014 dated 08.12.2016, three out of four Ex-Cadre Posts of Training Officer in JTRI have been made Cadre posts w.e.f. 15.06.2003 and the persons working against those three posts of Training Officer have been absorbed against cadre posts.
(vii) Vide Office Order No. tsŒVhŒvkjŒvkbZŒ@vf/kŒ -397/324 dated 23.02.2017 issued by JTRI in due compliance
