हाईकोर्ट की लखनऊ बैंच ने वित्त नियंत्रक को 6 सप्ताह में दिया 17140/ मामले के निस्तारण का दिया आदेश : क्लिक कर देखें व डाउनलोड करें ऑर्डर काॅपी ।

हाईकोर्ट की लखनऊ बैंच ने वित्त नियंत्रक को 6 सप्ताह में दिया 17140/ मामले के निस्तारण का दिया आदेश : क्लिक कर देखें व डाउनलोड करें ऑर्डर काॅपी ।

Court No. - 10

Case :- SERVICE SINGLE No. - 1635 of 2016

Petitioner :- Vishwanath Maurya And 67 Ors.
Respondent :- State Of U.P. Thru Secy.Basic Edu.Civil Sectt.Lucknow & Ors.
Counsel for Petitioner :- Vijay Dixit
Counsel for Respondent :- C.S.C.,Ajay Kumar,Sandeep Kumar Yadav

Hon'ble Rajan Roy,J.
Heard learned counsel for the petitioner.
The petitioners herein are the Assistant Teachers in Junior Basic School the Head Masters in Junior Basic School. They claim entitlement to fitment in the Pay Band of Rs.9300-34800 and Grade Pay Rs.4600. According to them the basic pay in the said pay band to which they are entitled is Rs.17,140/.

However, instead of fixing the basic pay as aforesaid a lower basic pay has been fixed based on an earlier Government order ignoring the subsequent Government order dated 07.09.2009. The other grievance of the petitioners is that though earlier there was no avenue for direct appointment on the post held by them but in the year 2012 the relevant Rules have been amended so as to provide an avenue for direct recruitment to the extent of 50%.

The submission is that consequent to this and in view of Government order dated 23.12.2011, the promottes, such as the petitioners, are entitled to stepping up of their pay equivalent to direct recruits as the pay of direct recruits has been fixed at a higher level than them.

The petitioners rely upon two Government orders in support of their claims as referred hereinabove.

Considering the facts of the case but without adjudicating the merits of the claim of the petitioners, the writ petition is disposed of with liberty to the petitioners to submit a representation along with a certified copy of this order before the Finance Controller stating their claim and the basis for the same including the fact that this benefit as claimed by the petitioners has been allegedly extended to similarly situated persons in other districts by the concerned District Basic Education Officer.

The Finance Controller shall look into the matter, ascertain the facts in the light of the relevant rules and the policies of the Government on the subject and thereafter he shall decide the entitlement of the petitioners to the benefits claimed as aforesaid and take a decision thereon within a period of six weeks from the date a of receipt of the representation of the petitioners. Based on this exercise/decision the Finance Controller shall issue necessary direction to the concerned District Basic Education Officer and Finance Accounts Officer for consequent action.

The writ petition is disposed of in the aforesaid terms.
Order Date :- 28.1.2016
Vijay
(Rajan Roy)