HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No.582 of 2019 Ashok Kumar Sinha and others ….....Petitioners Versus State of Uttarakhand and others ….….Respondents Present:- Mr. Vinay Kumar and Mr. Jai Gopal, Advocates for the petitioners. Mr. P.S. Bisht, Addl. C.S.C. for the State. Coram : Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. Per: Hon’ble Manoj Kumar Tiwari, J. By means of this writ petition the petitioners have sought the following reliefs:- “(i) Issue a writ, order or direction in the nature of certiorari calling for the record and quashing the impugned communication dated 7th June 2018 issued by the Chief Engineer (Headquarters), Public Works Department, Uttarakhand as well as the communication dated 16th April 2019 issued by the Additional Secretary, Public Works Department, Government of Uttarakhand. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to revise and refix the pension of the petitioners in the upgraded Pay Scale of Rs. 37400-67000 with Grade Pay of Rs. 8700/- in terms of the Government Order No.15 dated 24.01.2018 inasmuch as in terms of the said Government Order, the petitioners had already been sanctioned the unrevised Grade Pay of Rs. 7600/- as 3rd ACP of the post of Superintending Engineer prior to 31.12.2016 and accordingly pay arrears of the same.” 2. Petitioners were appointed as Junior Engineer in State Public Works Department upto 10.09.1973 and all of them were promoted as Assistant Engineer between 01.09.1999 to 19.02.2009. All the petitioners retired in the year 2010 except petitioner no.6 who retired on 31.03.2012. 2 3. It is not in dispute that petitioners were given benefit of Assured Carrier Progression Scheme. According to the petitioners, they were given pay-scale of ₹15,600-39,100 Grade Pay of ₹7600/- which is admissible for the post of Superintendent Engineer on completion of 26 years of service. 4. Petitioners have relied upon a Government Order dated 31.10.2017 issued by Principal Secretary, Finance for claiming higher pay-scale i.e., ₹37,400-67,000 with Grade Pay of ₹8700/-. 5. Perusal of Government Order dated 31.10.2017 reveals that the pay-scale admissible for the post of Superintendent Engineer was upgraded by the Central Government to ₹37,400-67,000 Grade Pay of ₹8700/- and in view of up-gradation of pay-scale by the Central Government, demand was being raised by State Employees for similar up- gradation, therefore, Principal Secretary, Finance granted in principle approval for up-gradation of pay-scale for the post of Superintendent Engineer and provided in para no.3 of the Government Order dated 31.10.2017 that the Competent Authority in different Engineering Departments may issue necessary orders for implementation of recommendation of the Pay Committee, but only after obtaining final approval of the Finance Department. 6. 6. Careful reading of the aforesaid letter dated 31.10.2017 reveals that Principal Secretary, Finance had permitted the Competent Authority in Public Works Department, Irrigation Department, Rural Engineering Service Department and Minor Irrigation Department to issue orders for implementing the recommendation made by the Pay Committee, after obtaining financial approval of the Finance Department; however the said order dated 31.10.2017 did not provide for up-gradation of pay-scale of Superintendent Engineer to bring it at par with the pay-scale sanctioned by 3 the Central Government. This lacuna was pointed out to the learned counsel for the petitioner and he was asked to show order if any issued by Secretary, Public Works Department for up-gradation of pay-scale of Superintendent Engineer. 7. Learned counsel for the petitioner then relied upon the Government Order dated 24.01.2018 which provides for up-gradation of grade pay of Superintendent Engineer from ₹7600/- to ₹8700/-. 8. Para no.3 of the Government Order dated 24.01.2018 unequivocally provides that benefit of Grade Pay of ₹8700/- would be payable only from the date of issuance of the Government Order. 9. Learned counsel for the State submits that all the petitioners were given Grade Pay of ₹7600/- as IIIrd A.C.P. before their retirement while as per the Government Policy, up-graded pay-scale of Superintendent Engineer in Grade Pay of ₹8700/- was admissible only to such persons who were serving on the date of issuance of the Government Order dated 24.01.2018, therefore, the claim staked by the petitioner for Grade Pay of ₹8700/- is without any basis. 10. Learned counsel for the State further submits that the expression “Government Order” used in seventh line of the Government Order dated 24.01.2018 refers to in principle decision taken by the Finance Department of the State Government as conveyed by Government Order dated 31.10.2017. Thus he submits that Grade Pay of ₹8700/- would be available only to such persons who were in service on 31.10.2017. In other words, Grade Pay of ₹8700/- would be payable only w.e.f., 31.10.2017 and anyone who retired earlier would not be eligible for up-graded grade pay. 4 11. Learned counsel for the petitioner however disputes the contention raised by learned counsel for the State by submitting that in the Government Order dated 24.01.2018, it is provided that Junior Engineers who were granted IIIrd A.C.P. up to 31.10.2016 would be entitled to up- graded pay-scale of ₹8700/-. 12. He submits that the petitioners were given benefit of IIIrd A.C.P. before 13.12.2016, therefore, they are also entitled for the benefit of up-graded Grade Pay of ₹8700/-. 13. We are not impressed by the submission made by learned counsel for the petitioners. 14. Law is well settled that legislation or a Government Order is always prospective unless it is made retrospective by making express provision therefor. 15. There is nothing in the Government Order dated 31.10.2017 to show that the upgraded pay scale would also be admissible to retired employees or from a date anterior to the date of issuance of Government Order i.e., 31.10.2017. 16. Combined reading of all the government orders issued from time to time reveals that although benefit of upgraded pay scale of ₹8700/- would be available to all Junior Engineers who were earlier given grade pay of ₹7600/- as IIIrd A.C.P. provided they are still continuing in service. Those who retired before issuance of Government Order dated 31.10.2017 were not entitled for Grade Pay of ₹8700/-, which was sanctioned for the first time vide Government Order dated 24.01.2018. 17. Since petitioners retired much earlier in the years 2010 and 2012, therefore the pay scale which was upgraded vide Government Order dated 31.10.2017 cannot be validly claimed by the petitioners. Thus the reason assigned for 5 rejecting claim of the petitioners for Grade Pay of ₹8700/- in the impugned orders dated 07.06.2018 and 16.04.2019 cannot be faulted. Thus, there is no scope of interference in the matter. 18. Accordingly writ petition stands dismissed. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 25.02.2026 SK