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Judgment
Pankaj Purohit, J
Petitioners have moved this Court by filing this writ petition seeking indulgence of this Court for a direction to the respondents to extend the benefit of Government Order dated 22.08.2014 and consequently to grant benefit of Grade Pay of ₹5400/- to the petitioners along with arrears with effect from the date the same has been extended to the counter part of the petitioners working in District Dehradun.
Petitioners were appointed as Stenographers with respondent nos.2 and 3 on 08.06.1988 and 31.08.1986 by the order of respondent no.3-District Judge, Almora in Pay-Scale of ₹470-735/-. Selection grade to the petitioners was granted after completion of ten years of service and later on promotional pay scale with grade pay was also granted to the petitioners i.e., ₹6500-175-9000/- after completion of 22 years of service.
It is case of the petitioners that petitioners were subsequently promoted on the post of Personal Assistant in the year 2004 and 2006 respectively, and they are continuing on the said post. It is further case of the petitioners that Government has introduced “Modified Assured Carrier Progression Scheme for Government Servants” and since petitioners received their selection grade in the year 1995 and 1996 subsequently the petitioners were granted benefit of IInd ACP and a Grade Pay of ₹4600/- was granted to them in pay-scale of ₹9300-34,800/- in the years 2006 and 2008 respectively. Subsequently the petitioners have also been granted IIIrd ACP in Grade Pay of ₹4800. This is where dispute is lying between the parties that the petitioners are entitled to get IIIrd ACP at the Grade Pay of ₹5400/- in view of Government Order dated 22.08.2024.
Counter affidavit has been filed by respondent nos.2 and 3 in the present writ petition. In para no.11 of the counter affidavit, it is stated by the respondents that similarly situated persons in judgeship of Dehradun are getting Grade Pay of ₹5400/- and status of the petitioners is similar to those employees working in Dehradun judgeship, therefore they can be also given the Grade Pay of ₹5400/-
Having considered the rival contention of the parties and perusal of the writ petition, it is clear that when the counter part of the petitioners working in Dehradun judgeship are getting the Grade Pay of ₹5400/- while granting IIIrd ACP, there is no reason to deny petitioners the same benefit.
The petitioners admittedly have been given IIIrd ACP, but in IIIrd ACP instead of benefit of ₹5400/- the benefit of ₹4800/- was granted. Petitioners are also entitled to get Grade Pay of ₹5400/- at par with the Government employees working with the judgeship of Dehradun.
Accordingly, the writ petition is allowed. A writ of mandamus is issued to the respondents to immediately grant the Grade Pay of ₹5400/- to the petitioners in IIIrd ACP with effect from the due date the petitioners were entitled to be sanctioned IIIrd ACP and arrears of difference of amount of IIIrd ACP shall also be paid to the petitioners with all consequential benefits, if any.
No order as to costs.