Court No. - 34
Case :- WRIT - A No. - 40846 of 2014 Petitioner :- Dr. Dharam Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashutosh Srivastava Counsel for Respondent :- C.S.C.,Neeraj Tiwari
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. The grievance of petitioner is now confined to the extent that he should be given regular pay scale as is being paid to his counterparts in the same department.
2. It is contended that petitioner was appointed as Lecturer, but instead of paying him regular scale, consolidated salary is being paid to him though other Lecturers appointed by University are getting regular pay scale. It is also pointed out by counsel for petitioner that a similar issue raised in WP No. 62792 of 2009; Vishal Chand Vs. State of UP has been decided on 27.9.2016. This court has allowed writ petition and para -19 to 21 of the judgment reads as under:
19. “Looking to the entire dispute in the case in hand from various determining factors enumerated in the above authorities, we find no reason to discriminate petitioner vis-à-vis another incumbent appointed the same post i.e. Lecturer (Biotechnology) pursuant to the same advertisement, same recruitment process, same critera and same selection etc” particularly when non has been pointed out by respondent-University in the counter affidavit.
20. Ex-facie, therefore, we have no hesitation in holding that respondent-University has acted illegally in discriminating petitioner vis-avis another incumbent appointed on the post of Lecturer (Biotechnology) in the matter of pay by providing a consolidated salary of 9000/- per month to petitioner while another counterpart, Dr. Varsha Guptam, has been appointed in regular pay scale of Rs. 8000 to 13,500/-. In our view, both are entitled to be treated alike and should have been given same salary.
21. The writ petition is allowed accordingly. Respondents are directed to pay salary to petitioner in regular pay scale applicable to the post of Lecturer (Biotechnology) but no arrears of salary shall be paid to petitioner from the date of his appointment till the date of filing this writ petition which has been filed in November, 2009. Benefit of salary in regular pay scale of Rs. 8000-13,500/- and arrears shall be made applicable to petitioner from the date of filing of this writ petition. However, for the purpose of increments, pay fixation and other benefits etc, regular pay scale shall be treated to be applicable to petitioner from the date of his appointment.
3. Counsel for University also stated that aforesaid judgment has become final after dismissal of Special Leave Petition filed by University before Supreme Court.
4. In view thereof, since issue raised in this writ petition is squarely covered by the aforesaid judgment, following the reasons given in the said judgment, we allow this writ petition in the same terms as given in judgment dated 27.9.2016, Vishal Chand Vs. State of UP (Supra).
Order Date :- 24.4.2018 SKS