IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 475 of 2007 (S/S) 1. Village Panchayat Adhikari Association through its Prantiya Adviser Sri P.C. Paneru Presently posted as Village Panchayat Raj Adhikari, Block Bazpur, District Udham Singh Nagar. 2. Shri P.C. Paneru S/o Sri L.M. Paneru Presently posted as Village Panchayat Raj Adhikari, Block Bazpur, District Udham Singh Nagar. . Petitioners ...………… [ Versus 1. State of Uttarakhand through its Secretary Panchayati Raj, Dehradun, Uttarakhand. 2. Director, Panchayati Raj, Dehradun, Uttarakhand. ...…………. Respondents Mr. I.D. Paliwal, learned counsel for the petitioners. Mr. N.P. Sah, Standing Counsel for the respondents. Hon’ble Prafulla C. Pant, J. By means of this writ petition, the petitioners have sought writ in the nature of certiorari, quashing the memorandum dated 05.04.2007, passed by respondent No. 1( copy Annexure –3 to the writ petition). Also, a writ in the nature of mandamus has been sought commanding the respondents to implement order dated 05.09.2006, to the extent it relates to the members of the petitioners’ Association. 2) Heard learned counsel for parties. 3) Brief facts of the case are that petitioner No. 1 is Association of Village Panchayat Raj Officers. They filed earlier Writ Petition No. 123 (S/S) of 2007, which was decided vide order dated 28.02.2007, passed by this Court, wherein it is directed that a decision be taken by the State Government on the recommendations made by the Director, Panchayati Raj on 19th December 2006, within a period of six weeks. Vide Government Order No. 1914 / 01-Finance/ 2001 dated 12.03.2001 read with Government Order dated 2nd December 2001, members of the petitioners’ Association, which included Assistant Development Officers, were entitled to next promotional pay scale on completion of 14 years of satisfactory service and, thereafter second promotional pay scale, on completion of 24 years of satisfactory service. It is alleged on behalf of the petitioners that the petitioners’, second promotional post is District Panchayat Raj Officer and its earlier pay scale was Rs. 6500 – 10500. However, said pay scale is said to have been revised to Rs. 8000 – 13500 vide Government Order dated 05.09.2006. Since, the said pay scale has been revised, the petitioners’ have claimed that the second revised pay scale, on completion of 24 years of service to all the members is now Rs. 8000 – 13500, and not Rs. 6500 – 10500, which is being paid to them as a second promotional pay scale. 4) In the counter affidavit filed on behalf of respondent No. 2 it is stated that the rules are being framed by the Government of Uttarakhand to consider the demand of the petitioners. 5) It appears that vide Notification No. XII/ 2007 / 92(05) / 2006 T.C. Dehradun dated September 2007, the Uttarakhand Zila Panchayat Raj Adhikari Niyamawali, 2007 has been issued under Article 309 of the Constitution of India. In Rule 23 of said Rules, the pay scale of Zila Panchayat Raj Adhikari is shown to be Rs. 8000 -325 - 13500. Learned counsel for the petitioners argued that the pay scale payable to the person holding post of Zila Panchayat Raj Adhikari is the second promotional pay scale of the petitioners’. In this connection, it is further contended that first promotional post of the person holding post of Village Panchayat Raj Officer is Assistant Development Officer (Panchayat Raj) and from Assistant Development Officer (Panchayat Raj) next promotional post is District Panchayat Raj Officer, and there is not post in between. 6) The Government Order No. 368 / XXVII(3)Sa.Be / 2005 Dehradun dated 23rd August 2005 (copy of which is Annexure 4 to the writ petition) contains Clause (1) in Paragraph 2 of the said Government Order. The same reads as under: “laoxhZ; iquxZBu vFkok lsok 'krksZ esa la’kks/ku ds ifj.kkeLo#Ik inksUurh; in dh izkfLFkfr es ifjorZu ;k osruekuksa ds lafofy;u@mPphdj.k ls ;fn fdlh in ds inksUurh; osrueku vFkok vxys osrueku esa ifjorZu dh fLFkfr mRiUu gksrh gS rks le;eku osrueku O;oLFkk ds v/khu ,sls in ij oS;fDrd izksUUkrh; @vxyk osrueku Hkh rnuqlkj gh vuqeU; gksxkA” The aforesaid Government Order dated 23rd August 2005, which clarifies the Government Order dated 22nd October 2001 read with Government Order dated 12th March 2001, further clarifies in Clause (2) of paragraph 2 of the Government Order (dated 23rd August 2005): “mi;qZDr ifjorZu@la’kks/ku ds QyLo#Ik ;fn fdlh in ij mPp oS;fDrd izksUurh;@vxys osrueku dh vuqeU;rk curh gS rks ftUgsa iwoZ dh O;oLFkkuqlkj oS;fDrd izksUurh;@vxyk osrueku vuqeU; gks pqdk gS] mUgs ,sls ifjorZu@la’kks/ku dh frfFk ls mPp oS;fDrd izksUurh;@vxyk osrueku vuqeU; gksxkA” 7) Having considered submissions of learned counsel for the parties, in view of the above clauses mentioned in Government Order dated 23.08.2005, this writ petition is hereby disposed of with the direction that the respondents shall grant the revised pay scale to those petitioners, who are entitled to it, under the aforesaid Government Orders read with the Uttarakhand Zila Panchayat Raj Adhikari Niyamawali, 2007, with effect from the date it is revised or 24 years are completed, whichever later. (Prafulla C. Pant, J.) [ Dt. June 02, 2008. H.Negi