Neutral Citation No. - 2025:AHC:78592-DB Court No. - 29 Case :- SPECIAL APPEAL DEFECTIVE No. - 340 of 2025 Appellant :- State Of Up And 2 Others Respondent :- Ram Surat Gupta Counsel for Appellant :- Kunal Ravi Singh,S.C. Counsel for Respondent :- Siddharth Khare Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. (Ref: Civil Misc. Delay Condonation Application) Delay of 2824 days in filing of the appeal is explained on the ground that the review petition was filed, which has since been decided, the appeal has been preferred immediately thereafter. Application is allowed. Delay in filing of appeal is condoned. (Ref: Special Appeal) Writ petition filed by respondent Ram Surat Gupta, No.21832 of 2003, was allowed by the learned Single Judge on 12.7.2017 holding that the promotional pay scale was admissible to the writ petitioner upon completion of 10 years and 16 years satisfactory service. There was no stipulation in any Government Order that the employee, who has given up claim of regular promotion would be disentitled to grant of such relief. Such a provision has been introduced in the year 2000, whereas benefits were granted prior to it. Learned Single Judge, therefore, has observed that Government Order of the year 2000 cannot be applied retrospectively. The recovery proposed to be made is held improper. A review petition filed in the matter has also been rejected. The rationale for writ petition to be allowed by the learned Single Judge is that the Government Order issued in the year 2000 cannot be retrospectively applied to the disadvantage of the writ petitioner. Learned State Counsel submits that there was a previous policy also, as per which anyone, who had given up the benefit of promotion, was not entitled to promotional pay scale. Law is settled that benefits granted under a policy of the State cannot be retrospectively recalled to the disadvantage of the employee, unless such decision is backed by lawful authority. There is no Government Order in existence, which provided that anyone, who gave up the right to promotion, would be disentitled to grant of promotional pay scale and selection pay scale. Such benefits were granted to the writ petitioner, notwithstanding the fact that he had given up his claim for promotion. In such circumstances, we are of the view that the State would not be justified in recalling such benefit previously granted on account of a subsequent change of policy. Learned State Counsel places reliance upon a communication of the Director dated 15.7.1994, which was specifically in respect of one Shobha Bhatt, disallowing her promotional pay scale for such purposes. This communication cannot be treated to be a Government Order applicable for all the employees. Subsequent order of the year 1989 is also in respect of Shobha Bhatt. These two orders cannot be treated to be a policy decision taken in respect of all similarly placed employees of the State. In such circumstances, we do not find any occasion to interfere in the judgment of the learned Single Judge at the instance of the State. Special appeal, consequently, fails and is dismissed. Order Date :- 14.5.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad