(Fakkir Mohamed Ibrahim Kalifulla and S.A. Bobde, JJ.)
Anil Kumar Srivastava _____________________________ Appellant
v.
U.P. Avas Evam Vikas Parishad & Ors. ______________ Respondent(s)
Civil Appeal No. 6152 of 2009, decided on January 6, 2016
The Order of the court was delivered by
Order
1. In this appeal, the appellant is aggrieved by the denial of promotion from the post of Surveyor to the post of Kanungo and thereafter to the post of Naib Tehsildar. The scale of pay of the Surveyor at the relevant point of time was Rs. 3050-4590/-. The scale of pay of Kanungo was Rs. 4500-7000/-. The scale of pay of Naib Tehsildar was Rs. 5500-8000/-.
2. The appellant was appointed as Surveyor in the year 1981. Citing the case of one of his co-employees Sri Srivastav, who was granted promotion to the post of Kanungo in the year 1985 and his subsequent promotion to the post of Naib Tehsildar, the appellant also claimed promotion to the post of Kanungo and Naib Tehsildar from the post of Surveyor which came into effect in the year 1996. The Division Bench of the High Court when considering the claim of the appellant held that the claim to such appointment was made by the appellant after eight long years i.e. in the year 2004 while the appellant in the year 1996, accepted the promotional pay scale which was extended to him in the post of Surveyor itself. The Division Bench also found that by the time the said Mr. Srivastav was granted promotion, the appointment of promotion to the post of Kanungo and Naib Tehsildar was effective which subsequently ceased to exist and therefore, there was no scope to consider the case of the appellant on par with the said Mr. Srivastav.
3. When the present appeal was moved before this Court against the said impugned judgment of the High Court, the appellant gave up his claim for promotion and the appeal was, therefore, restricted to the appellant’s entitlement, if any, for appropriate pay scale. The respondent has filed a detailed counter affidavit in this appeal. Paras 3 and 4 of the said counter affidavit is relevant for our present purpose which are as under:-
“3. It is submitted that as per the provisions of the Government order dated 3.6.1989, the Parishad employees were given facility of Selection Grade-1 promotion pay scale and accordingly vide Parishad orders dated 2.12.1993, 7.3.1994, 18.10.1997 and 11.7.2000, Surveyors working in the Parishad were given selection Grade/promotion pay scale and accordingly petitioner was given an increment on 3.1.1992 as he had completed his 10 years service despite one year’s adverse entry in his credit.
4. It is submitted that as per the provisions of Government order dated 8.11.2001 in respect of periodic pay scale/promotional pay scale of Rs. 4000-600 w.e.f. 3.1.2001 on completion of his 19 years of service. It is further submitted as per the Parishad order dated 10.12.2004 arrangement was made to the effect that Surveyors working in the Parishad would be given second promotional pay scale in the form of next available pay scale of Rs. 4500-7000/-.”
4. Having noted the said stand of the respondent, we now find that as early as in the year 2004, the appellant after his fitment in the Selection Grade in the post of Surveyor itself with effect from 3rd January, 2001, also got his pay scale of Rs. 4500-7000/- which was applicable to the promotional post of Kanungo in the relevant year.
5. Keeping the said facts in mind, when we considered the submission of learned counsel for the appellant in contending that he is entitled for further higher scale of pay which was applicable to the post of Naib Tehsildar, we find that such a claim of the appellant would amount to considering the claim of the appellant for the promotional post of not only Kanungo but also higher post of Naib Tehsildar. The appellant having relinquished his claim for promotion while challenging the impugned judgment, we have to only consider his claim for appropriate scale to be granted. We considered the said limited issue as has been noted by us earlier in the counter affidavit of the respondent which disclose that after completion of 19 years of service in the post of Surveyor, the appellant has been granted the appropriate promotional pay scale of Rs. 4500-7000/-. There being no other further pay scale available in the post of Surveyor, there is no scope for granting any further relief beyond what has already been granted to the respondent. We, therefore, do not find any merit in this appeal. The appeal is dismissed.
6. Since we have now disposed of this appeal, there should be no impediment for the respondent to grant all the terminal benefits to the appellant as is applicable to the pay scale which was granted in his favour. We, therefore, direct the respondent to settle all his terminal benefits within two months from this date.
———
