2025:UHC:3603-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA/504/2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. (Per: Hon’ble Manoj Kumar Tiwari, J.) 1. Mr. Sushil Vashisth, learned State Counsel for the State of Uttarakhand/appellant. 2. Mr. M.C. Pant, learned counsel for the respondents. 3. There is delay of 108 days in filing the appeal. Prayer for condonation of delay is not opposed by learned counsel for the respondents. 4. For the reasons stated in the delay condonation application, the same (IA No. 9484 of 2017) is allowed. The delay in filing the appeal is hereby condoned. 5. State has filed this intra-court appeal challenging the judgment dated 16.03.2017 passed by learned Single Judge in WPSS No. 1400 of 2016. The judgment dated 16.03.2017 is extracted below:- “Mr. M.C. Pant, Advocate for the petitioners. Mr. T.P.S. Takuli, Brief Holder, for the State. The petitioners have approached this Court seeking parity of Grade Pay viz-z-viz Regional Youth Welfare Officers. The case of the petitioners has been duly considered by the Secretary Youth Welfare and PRD as per Annexure No. 1 to the counter affidavit filed by respondent nos. 1 & 2 dated 20.09.2016 filed along with counter affidavit. Accordingly, the present petition is 2025:UHC:3603-DB allowed. Respondent no. 3 is directed to release the Grade Pay to the petitioners on the analogy of Regional Youth Welfare Officers and PRD as per letter dated 20.09.2016 within a period of ten weeks from today along with arrears.” 6. Learned counsel for the appellant submits that petitioners (respondents herein) were appointed as Physical Training Instructor in Department of Youth Welfare & PRD and they were getting salary in the Pay Scale of ₹5200- 20200, Grade Pay ₹2800. However, they were claiming upgradation of Pay Scale to ₹9300-34800, Grade Pay 4200. However, Pay Anomaly Committee rejected the proposal for upgradation of pay scale for the post of Physical Training Instructor serving in Department of Youth Welfare & PRD. 7. Learned counsel for writ petitioners submits that In-charge Secretary, Department of Youth Welfare & PRD had forwarded the representation received from Physical Training Instructors, along with his recommendation for upgrading the pay scale for the said post, by letter dated 20.09.2016. However, learned Single Judge allowed the writ petition by relying on the said letter issued by In- charge Secretary. 8. The letter dated 20.09.2016, referred to in the impugned order, is enclosed as Annexure 1 to the counter affidavit filed by Mr. Laxman Singh, Joint Secretary, Department of Youth Welfare & PRD. 9. Perusal of the said letter reveals that the representation received by concerned employees and also association of employees, were 2025:UHC:3603-DB forwarded by In-Charge Secretary of Department of Youth Welfare & PRD to the Pay Anomaly Committee, in which In-charge Secretary had also recommended for upgrading the pay scale of Physical Training Instructor. However, the Competent Authority, to take decision regarding upgradation of pay scale, is the State Government. There is nothing on record to show that Pay Anomaly Committee had also recommended to the State Government for upgradation of pay scale of the writ petitioners. 11. Even otherwise also, the recommendation made by Pay Anomaly Committee is also not binding on the State Government and the State Government can take a decision, independent of the recommendation, if any. 12. In such view of the matter, we are of the considered opinion that the writ petition could not have been allowed. We, accordingly, allow the appeal and set aside the impugned judgment dated 16.03.2017. 13. The writ petitioners, however, will be at liberty to approach the State Government by making a representation. If representation is made to the State Government, within four weeks from today, the same shall be considered, within nine months, from the date of production of certified copy of this order. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 07.05.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa8 5f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D2 6F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.05.19 18:26:45 -07'00' 2025:UHC:3603-DB