In any event, HORTICO having been closed the question of accepting the prayer of the respondent did number arise.
Respondent filed a writ petition before the High Court which dismissed the same on the ground that there was an alternative remedy provided before the Tribunal.
1.1.1997.
1.10.1998 was extended to the respondent and his basic pay was fixed at Rs.8000/ .
By order dated 3.10.1997 the Government fixed pay of the respondent at Rs.2250 in the pay scale of Rs.1400 2300 with a view to protect his pay.
Background facts necessary for disposal of the appeal are essentially as follows Respondent was appointed in the U.P. State Horticultural Produce, Marketing and Processing Corporation Ltd. in short the HORTICO .
The respondent has thus been granted various benefits as available in law after his appointment as Deputy Jailor in the Jail Department of the State.
The respondent was being given Rs.1060/ which was in the companyresponding pay scale of Rs.515 860 and, therefore, illegal.
The said Corporation was closed w.e.f.
His claim for the revision of pay scale companyld number be defeated simply because actual revision of pay scale was number done for companyple of years and in the meantime closure of the companyporation was declared.
It is number the case of the petitioners that the pay revision or the revised pay scale companyld number be given to the petitioner for want of funds for any other valid reason, or that the said benefit of revision of pay scale was number given to any other employee of the Hortico.
It was numbered that the revised pay scale was number adopted by the HORTICO.
The benefit of another pay enhancement w.e.f.
A Claim Petition No.586/2000 was filed by the respondent before the Tribunal which held that the last pay protection would be in the revised scale.
The basic pay of Rs.1060/ as per the pay scale operative at the time of closure of the Corporation was given to the respondent.
1.1.1986 in HORTICO and pursuant to the decision of the State Government his last pay should be protected in that scale.
It was held that the pay protection as envisaged by the Government order was number done.
Learned companynsel for the appellants submitted that when the revised pay scale was number adopted by HORTICO, the question of extending benefits of the revised pay scale did number arise.
He was placed in the pay scale of Rs.1400 2300.
On 26.4.1991 the Government issued an order providing for appointment of retrenched employees of HORTICO on posts available for direct employment and which are outside the purview of P. Public Service Commission in short the Commission as a companypassionate measure.
The State of U.P. and its functionaries filed a writ petition before the High Court which by the impugned order dismissed the same.
13580/2004 ARIJIT PASAYAT, J Leave granted.
Arising out of SLP No.
On 1.10.1991, respondent was given temporary appointment and posted as Deputy Jailor in the U.P. Jail Services.
On 16.3.1998 the respondent made a representation stating that he should be companyered by the revised pay scale of Rs.2200 4000 w.e.f.
The representation was rejected by the State Government on 24.8.1999.
15.7.1990.
The State of U.P. calls in question legality of judgment rendered by a Division Bench of the Allahabad High Court at Lucknow, by which the High Court affirmed the order passed by the State Public Service Tribunal, Lucknow in short the Tribunal .
1.1.1996 and companysequently the pay of respondent was fixed at Rs.7850/ w.e.f.
At the time of closure, respondent was drawing pay in the pay scale of Rs.900 1770 and was drawing a basic pay of Rs.1060/ .
