2025:UHC:5625-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/179/2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. 1. Mr. Harsh Rautela, Advocate holding brief of Mr. Shobhit Saharia, learned counsel for the petitioner. 2. Mr. D.S. Bora, learned Standing Counsel for the State of Uttarakhand. 3. Petitioner was appointed as Senior Instructor in a Training Institute run by Rural Development Department. He was promoted as Extension Training Officer on 01.07.2006. He was granted grade pay of ₹6600, as second ACP w.e.f. 13.07.2009. According to him, he was entitled to grade pay of ₹8700 w.e.f. 13.07.2015, as 3rd ACP, however, he was given only grade pay of ₹7600, which according to him, is unjust and illegal. Thus, feeling aggrieved, petitioner has approached this Court seeking the following reliefs:- (i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 04.06.2020 to the extent of granting the benefit of 3rd ACP in the grade pay of 7600/-. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 and 2 to grant the benefit of 3rd ACP in the grade pay of 8700/- to the petitioner in terms of Government Orders dated 8.3.2011 r/w 6.11.2013. 4. Learned State Counsel submits that the earlier Rules, governing the service conditions of the petitioner, were 2025:UHC:5625-DB repealed and new Rules were enforced vide notification dated 27.05.2011. He submits that under the new Rules, petitioner was not entitled to any further promotion and in the absence of any promotional avenue, under the prevailing Rules, petitioner was given pay admissible for the next higher grade as 3rd ACP. Thus, he submits that grant of ₹7600 as 3rd ACP was justified as petitioner was not entitled to grade pay of ₹8700, which was admissible for the post of Deputy Development Commissioner. Learned State Counsel further points out that petitioner retired on 31.10.2016 from the post of Extension Training Officer. 5. Learned counsel for the petitioner relies upon a judgment dated 07.05.2013 rendered by coordinate Bench of this Court in WPSB No. 152 of 2012 and submits that in the said writ petition, a person, holding the position of Principal in a Extension Training Centre, was granted grade pay of ₹8700. He, thus, submits that petitioner’s case is covered by the said judgment. 6. Learned State Counsel, however, submits that the said judgment is not applicable to the facts of the present case, as here the Recruitment Rules were repealed in the year 2011, which blocked the promotional avenue available to the petitioner, therefore, petitioner cannot claim grade pay, admissible for the post of Deputy Development Commissioner as 3rd ACP, as he was not eligible for promotion to the said post and he was rightly given grade pay of ₹7600, which is the next higher grade pay. 2025:UHC:5625-DB 7. Learned State Counsel further submits that in the judgment, relied by the petitioner, the concerned Officer had become eligible for benefit of 3rd ACP before enforcement of 2011 Rules, which were notified on 27.05.2011. Thus, he submits that said judgment is distinguishable on facts and petitioner cannot claim benefit of the said judgment. 8. We find substance in the submission advanced by learned State Counsel. Eligibility for promotion has to be seen with reference to the Recruitment Rules. In case of petitioner, the Recruitment Rules had undergone a change in 2011, as a consequence, petitioner became ineligible for promotion to the post of Deputy Development Commissioner. In the judgment rendered by coordinate Bench, concerned Officer became eligible for promotion before Rules underwent a change. Thus, the said judgment does not help the case of the petitioner. Petitioner’s claim for grade pay of ₹8700 admissible for the post of Deputy Development Commissioner, is thus without any basis. 9. Accordingly, the writ petition fails and is dismissed. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 02.07.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d 1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F46 10C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.11 07:19:30 -07'00' 2025:UHC:5625-DB