IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition No. 303 of 2008 (S/B) Dr. Heera Singh Bhakuni. ………. Petitioner Versus State of Uttarakhand & others. ………. Respondents. Mr. Manoj Tiwari, Senior Advocate with Mr. Ganesh Kandpal, Advocate for the petitioner. Mr. K.P. Upadhyaya, Addl. Chief Standing Counsel for respondent No. 1. Mr. B.D. Upadhyaya, Advocate for respondent Nos. 2 & 3. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Nirmal Yadav, J. BARIN GHOSH, C.J. (Oral) In the writ petition, petitioner is seeking g rant of appropriate ACP. According to the University, ACP is available to non-teaching employees and not to teaching employees. Petitioner is a Curator. According to the University, Curator is a non-teaching post and, accordingly, Curators are entitled to ACP. Therefore, it appears that there is no dispute that the petitioner is entitled to ACP. On 28th February, 2009, the Government introduced ACP Scheme. In that, it was provided that the person entitled to ACP will be entitled to the next Grade Pay. Petitioner is in the scale of Rs. 15,600 – 39,100/-. In the Government decision dated 28th February, 2009, two Grade Pays were indicated in respect of the said scale of Rs. 15,600 – 39,100/-, namely Rs. 5,400/- and Rs. 6,600/-. Petitioner, therefore, under the ACP Scheme, was entitled to Grade Pay of Rs. 6,600/- instead of Rs. 5,400/-. It appears that on 11th November, 2009, the Government fixed the pay-scale of U.G.C. pay-scale holders and, therein, indicated that the pay-scale of Curator shall be Rs. 15,600 - 39,100/- with Grade Pay of Rs. 6,000/-. On 11th November, 2009, the Government also indicated that the pay-scale of Readers will be Rs. 15,600 – 39,100/- with Grade Pay of Rs. 8,000/-. 2. It is the contention of the petitioner that since the next Grade Pay, in terms of the decision of the Government dated 11th November, 2009, is Rs. 8,000/-, he became entitled to, in accordance with the decision of the Government dated 28th February, 2009, the Grade Pay of Rs. 8,000/- under the ACP Scheme. According to the University, the Grade Pay of Rs. 5,400/-, applicable to the pay-scale of Curators, was replaced by Rs. 6,000/- by the order of the Government dated 11th November, 2009. However, the next Grade Pay, available in terms of the Government decision dated 28th February, 2009, was Rs. 6,600/- and, accordingly, petitioner was entitled only to the same and not to the Grade Pay of Rs. 8,000/- applicable to Readers, who are teaching staff and not non- teaching staff of the University. As it appears to be the contention of the University, on 1st January, 2006, petitioner was entitled to Rs. 20,510/- in the pay-scale of Rs. 15,600 – 39,100/-. With that, Grade Pay of Rs. 6,600/- was added and, again, 3 per cent of the original pay was added as and by way of first ACP. The dispute, therefore, is whether the petitioner is entitled to Rs. 6,600/- as Grade Pay, which has been given to the petitioner by the University, or Rs. 8,000/- as Grade Pay as mentioned in the order of the Government dated 11th November, 2009 in respect of Readers. 3. If the petitioner is a non-teaching staff and not a teaching staff, then the petitioner cannot compare himself with a teaching staff and, accordingly, cannot seek anything payable to a teaching staff. Furthermore, in terms of the order of the Government dated 28th February, 2009, the next available Grade Pay is applicable to ACP. For the pay- scale of the petitioner, there were two Grade Pays, namely, of Rs. 5,400/- and Rs. 6,600/-. The Grade Pay of Rs. 5,400/- stood altered by the Grade Pay of Rs. 6,000/- by the decision of the Government dated 11th November, 2009. Petitioner, therefore, became entitled to the next Grade Pay in terms of the Government Order dated 28th February, 2009, namely, of Rs. 6,600/-. That having been paid to the petitioner, we do not think that the petitioner is entitled to anything further. 4. The writ petition is, accordingly, dismissed. It is, however, made clear that we have proceeded on the basis that the petitioner became entitled to the Grade Pay of Rs. 6,600/- w.e.f. 1st January, 2006 on the basis of pay-fixation statement handed over to the Court and kept with the records of this case. In the event, such Grade Pay has not been paid, let the same be paid as quickly as possible, but not later than three months from today. (Nirmal Yadav, J.) (Barin Ghosh, C.J.) 13.12.2010 13.12.2010 G