The arbitrary introduction of a cut-off date affecting an employee's entitlement to a promotional pay scale was held to be violative of Article 14 of the Constitution.

JUDGMENT

Lok Pal Singh, J. - Petitioner has filed instant writ petition seeking following reliefs:

i) Issue a writ, order or direction in the nature of certiorari quashing the impugned Clause 13 of the amended G.O. dated 17.10.2008 (Annexure 5 to the writ petition) and the order issued pursuant to this Clause of 10.07.2009 (Annexure 9 to the writ petition) by the respondents.

ii) Issue a writ, order or direction in the nature of mandamus commanding respondent to fix the salary of petitioner for the purpose of recommendation of pay fixation committee on the promotional pay scale of Rs.8000- 275-13500 which was granted to him pursuant to the G.O. dated 12.03.2001 (Annexure no. 3 to the writ petition).

iii) Issue any other order or direction which this Hon'ble Court may deed fit and proper under the facts and circumstances of the case in favour of the petitioner.

2. Brief facts, leading to filing of the writ petition, are that the petitioner is presently working on the post of Draftsman in the Geological and Mine Works Unit, Directorate of Industry, Uttarakhand, Dehradun. Petitioner was granted second promotional pay scale vide order dated 15.10.2008 after completion of continuous 24 years of satisfactory service in the department. The aforesaid second promotional pay scale was granted to the petitioner in view of the Government Order dated 02.12.2000 issued by erstwhile State of Uttar Pradesh, which was also adopted by the State of Uttarakhand on 12.03.2001. It is averred that the petitioner was granted second promotional pay scale w.e.f. 01.10.2008 in the pay scale of Rs.8000-275- 13500 and prior to this scale petitioner was getting his salary on the pay scale of Rs.5000-150-8000. Subsequently, after recommendation of the Sixth Pay Commission, the pay scale of Rs.8000-275- 13500 was revised to Rs.15600-39100 and, as such, the petitioner became entitled to the pay scale of Rs.15600-39100 on the basis of his revised pay scale of Rs.8000-275-13500 which was granted to him vide order dated 15.10.2008 by the order of Deputy Director of Geological and Mines Works Unit, Directorate of Industries, Uttarakhand.

3. It is further averred that State of Uttarakhand took a decision to implement the recommendations of Sixth Pay Commission for which a Pay Fixation Committee was constituted by the State of Uttarakhand, who submitted its recommendation to the State Government. Thereafter, the State of Uttarakhand on 17.10.2008, issued a G.O. for its adoption for fixing pay bands to different employees in the State. It is stated that the recommendation of Pay Fixation Committee, which was adopted by the State of Uttarakhand on 17.10.2008, was enforced by the State of Uttarakhand vide memorandum dated 22.10.2008. On 17.10.2008 an amended Government Order was issued by the State Government whereby on the basis of the recommendations of the Pay Fixation Committee revised pay scales to the government employees were sanctioned w.e.f. 01.01.2006, but vide paragraph 13 of the aforesaid G.O. granting of the time scale to the employees of the State Government was abolished. It has been specified in the said amended Government Order that an incumbent to whom time scale has already been granted prior to 31.08.2008 shall be considered for the purpose of fixation of his pay scale as per recommendation of the Pay Fixation Committee.

4. It is contended that Clause 13 of amended G.O. dated 17.10.2008 clearly distinguishes the employees to whom time scale was granted prior to 31.08.2008 and the other set of employees who were entitled to the time scale after the cut off date i.e. 31.08.2008. Thus, the said Clause 13 of the G.O. dated 17.10.2008 is violative of article 14 of the Constitution of India.

5. It is contended that time scale is granted to an employee in pursuance of G.O. issued by the State Government on 12.03.2001 and by virtue of the impugned Clause 13 of the amended G.O. the earlier G.O. dated 12.03.2001 has not been superseded, as such, Clause 13 is ultra