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Shyam Deo Pandey v. State Of U.P. & Others - SPECIAL APPEAL DEFECTIVE No. 716 of 2005 [2005] RD-AH 6199 (22 November 2005)


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Court No. 34

Special Appeal No. (716) of 2005

Shyam Deo Pandey


State of U.P. & Ors,.


Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This special appeal is directed against the judgment and order dated 23rd July, 2005 in Writ Petition No. 25204 of 2003 by which the writ petition has been dismissed.

The writ petition had been filed for a direction upon the respondents to give the benefits of promotional pay-scale vide Government Order dated 2nd December, 2000 on completing satisfactory service of 10 years, 16 years, 19 years, and 24 years w.e.f. 25.2.1988, 25.2.1994, 25.2. 1997 and 25.2.2002 respectively. The learned Judge noticed the averments made in the counter affidavit that the petitioner had been awarded adverse entries as a result of which he could not be given the selection grade on 18.5.1988 and super selection grade on 18.12.1996. He was, therefore, of the opinion that on the own showing of the petitioner, the benefits of pay-scale could not be given to the petitioner, as the same were dependent upon completion of satisfactory service. The learned Judge was also of the opinion that the claim had been made by the petitioner after a long period of time and as such the petition was also liable to be dismissed on the basis of unexplained laches.

We have heard learned counsel for the appellant and the learned Standing Counsel appearing for the respondents.

We find no good reason to interfere with the judgment of the learned Judge. The petitioner had filed the petition after attaining the age of superannuation on 31st December, 2003 claiming promotional pay-scale on the basis of satisfactory service w.e.f. 25th February, 1988 onwards. The learned Judge was, therefore, justified in dismissing the petition on the ground of unexplained laches. This apart, such promotional pay-scale could not be claimed merely on completion of particular numbers of years of service but could be claimed only on the basis of satisfactory service. In the instant case, the services of the petitioner cannot be said to be satisfactory, as he has been awarded adverse entries in the years 1985, 1993 and 1998.

There is, therefore, no merit in this special appeal. It is, accordingly, dismissed.  

Date: 22.11.2005



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