Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPSS/ 2372/ 2022

Hon’ble Manoj Kumar Tiwari, J

1. Mr. Anil Kumar Joshi, learned

counsel for the petitioners.

2. Mr. Narayan Dutt, learned Standing

Counsel for the State of Uttarakhand.

3. Petitioners are serving as Head Constables in Civil Police Uttarakhand. By means of this writ petition, they has

sought the following reliefs:-

(i) Issue a writ of certiorari quashing the

Government order dated 7.1.2022 (Contained as

Annexure No. 9 to this writ petition).

(ii) Issue a writ, order or direction in the nature of

mandamus directing the respondents to allow the petitioners the Grade Pay of Rs. 4600 w.e.f.

11.10.2021 along with its arrears.

4. According to petitioners, Hon’ble Chief Minister made a declaration that such Constables, who are serving since 2001, shall be given a grade pay of ₹4600, however, Additional Chief Secretary, Home Department issued a Government Order on 07.01.2022 in supersession of the declaration and provided that Constables serving since 2001 shall be given lump sum amount of ₹2,00,000/-. Petitioners have sought a direction to the Authorities to grant them grade pay of ₹4600 w.e.f. 11.10.2021

along with arrears.

5. All petitioners were appointed as Constable in Uttarakhand Police in 2001 and they were granted next promotion as Head Constable in 2022. According to

them, they were given grade pay of ₹2000 as 1^st Assured Career Progression (ACP) w.e.f. 2011 and they are entitled to grade pay of ₹4600, which is admissible for the post of Sub-Inspector as 2^nd ACP w.e.f. 2021.

6. Learned State Counsel, however, submits that petitioners were promoted as Head Constable in 2022; the next promotional post available to Head Constable is that of Assistant Sub- Inspector, therefore, the claim staked by petitioners for grade pay, admissible for the post of Sub-Inspector, is misconceived.

7. Mr. Anil Kumar Joshi, learned counsel appearing for the petitioners, however, submits that the post of Assistant Sub-Inspector was created only in the year 2023, while all the petitioners became eligible for 2^nd ACP in 2021, therefore, according to him, the creation of a new post in 2023 will not defeat the claim of the petitioners for grade pay of Sub-Inspector for which petitioners became due in 2021.

8. Learned counsel for the petitioners has drawn attention of this Court to the representation made by petitioners to the Chairman, Grievance Redressal Committee established under the Uttarakhand Police Act, 2007, wherein petitioners have staked claim for grade pay of ₹4600. Learned counsel for the petitioners submits that petitioners be permitted to make fresh representation for grant of grade pay of ₹4600 as

2nd ACP.

9. Learned State Counsel submits that he has no objection if the writ petition is