Neutral Citation No. - 2025:AHC:87310 Court No. - 38 Case :- WRIT - A No. - 6550 of 2018 Petitioner :- Vrihaspati Vidhata Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Archana Singh,Ashok Mishra,Shreeprakash Singh Counsel for Respondent :- C.S.C.,Shashi Prakash Rai,Vivek Verma Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner, Mr. Shashi Prakash Rai, learned counsel for the contesting respondents and learned A.C.S.C for the State respondents. 2. The instant writ petition has been filed for following reliefs:- "Issue a writ, order or direction in the nature of Certiorari quashing the Impugned Order dated 13.12.2017 passed by respondent no. 2. b) Issue a writ, order or direction in the nature of mandamus commanding the respondents to grant 3rd promotional pay scale under Assured Carrier Programme (A.C.P.) treating the date of appointment as 10.8.1990 after the completion of 26 years of service. c) Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 2 to 4 to rectify the Gratuity and Pension and pay the interest at the rate of 12% on the difference of arrears of Pension and Gratuity to the Petitioner within stipulated period in accordance with law" 3. Learned counsel for the petitioner submitted that petitioner was appointed initially on 22.04.1985 on daily wage clerk by the third respondent and continued on the same status and subsequently as per the Executive Council meeting, dated 18.01.1992, the petitioner was appointed against a substantive vacancy as Junior Assistant in the regular pay scale on 975-1660 with other allowances and since the petitioner was appointed earlier and discharged his duties the petitioner and others made a request to consider their case for seniority. The said issue was placed before the Executive Council on 22.03.2006 and accordingly 13 people were given seniority from 10.08.1990 along with the earlier service. Taking the said date into consideration, the petitioner was also given first promotion as Junior Assistant, and he joined on first promotional pay-scale on 25.06.2009. Subsequently, his case was considered for second promotional post on Senior Assistant post vide order dated 21.03.2013 when such being the situation the petitioner has completed 26 years of service hence he is eligible and entitled for the third ACP. Accordingly, he made a request and when the said request was not considered he approached this Hon'ble Court by way of filing Writ-A No. 48778 of 2017. The said writ petition was disposed of vide order, dated 23.10.2017, which is reproduced hereinunder. Learned counsel for the petitioner has also contended that for other employees the respondents have considered their claim by taking the date as 10.08.1990. 4. Order dated 23.10.2017, passed by this Court in Writ- A No. 48778 of 2017. "Petitioner initially working as daily-wage clerk was subsequently regularized. Thereafter, petitioner retired on attaining the age of superannuation on 30 November 2016 from the post of Senior Assistant. Grievance of the petitioner is with regard to the computation of pension, gratuity and other post retiral benefits due to the dispute pertaining to date of appointment. Petitioner claims to have been appointed on 10 August 1990, whereas, University has computed pension and other retiral dues treating the date of appointment as 18 January 1992. By the instant writ petition, petitioner seeks the following relief: "a.) Issue a writ, order or direction in the nature of mandamus commanding the Respondents to grant 3rd Promotional Pay Scale under Assured Carrier Programme (ACP) after the completion of 26 years of service; b.) Issue a writ, order or direction in the nature of mandamus commanding the Respondent Nos. 2 to 4 to rectify/revise the pension, computation and gratuity on the basis of modified date of Appointment, i.e. 10.8.190 on the place of 18.1.1992 to pay the interest at the rate of 12% on the difference of arrears of salary, pension, computation and gratuity to the petitioner within stipulated period in accordance with law;" Learned counsel appearing for the University would submit that grievance of the petitioner shall be considered by the third respondent, Registrar, Mahatama Gandhi Kashi Vidya Peeth, Varanasi. In regard thereto, without entering into the merit of the case, as well as, rival contentions raised by respective parties, it is provided that the thrid respondent, Registrar, Mahatama Gandhi Kashi Vidya Peeth, Varanasi, shall consider and decide the grievance of the petitioner by a reasoned and speaking order, preferably, within three months from the date of filing of certified copy of this order. With the aforementioned observations/direction, the writ petition is finally disposed of." 5. Consequently on disposal of the said writ petition, the respondents have passed the present impugned orders rejecting the claim of the petitioners without assigning any reasons. A perusal of the impugned order shows that authorities have admitted the appointment of the petitioner and they have also admitted grant of pay-scale from 10.08.1990 and they have also admitted the granting of first and second ACP but surprisingly they have rejected the claim only on the ground that seniority shall be determined only from the substantive appointment. As the petitioner was appointed on 18.01.1992 hence he is not entitled to the seniority from 10.08.1990 accordingly the same was rejected. 6. Considering the submissions and perusal of the records as the petitioner's case was considered and he was granted pay-scale from 10.08.1990 and in fact the differential amount was also released and when his case was considered for payment of first ACP and second ACP the respondent ought not to have rejected the claim of the petitioner stating that he is entitled only from the date of substantive appointment. As he was granted the monetary benefit from 10.08.1990 his case has to be considered with effect from 10.08.1990 for further benefits. 7. Accordingly, impugned order, dated 13.12.2017 and resolution of the respondents, dated 20.10.2020, are contrary to the earlier orders and accordingly they are set aside and the matter is remanded to the concerned respondents to consider the case of the petitioner for grant of third ACP taking the date of appointment as 10.08.1990. 8. With aforesaid observations, this petition finally stands disposed of. Order Date :- 22.5.2025 Saurabh (Donadi Ramesh, J.) Digitally signed by :- SAURABH High Court of Judicature at Allahabad