Heard learned counsel for petitioners as well as learned standing counsel and perused the record.
The writ petition has been filed challenging the orders dated 16.5.2013 and 10.05.2012, copies of which filed as annexures 1 and 2 to the petition respectively whereby the claim of petitioners for payment of salary at the minimum of regular pay scale in the pay scale of Rs. 5200-20200 w.e.f. 1.1.2006 has been rejected on the ground that similarly situated several persons are getting the salary on daily wage basis and in case the claim of petitioners is allowed it will create more disparity.
Learned counsel for petitioners submits that the petitioners had filed Writ Petition No. 440 (SS) of 2013 and Writ Petition No. 6425 (SS) of 2011 in which the Court vide order dated 31.1.2013 and 14.09.2011 was pleased to direct the opposite parties to consider the claim of petitioners for grant of minimum of regular pay scale. It was in compliance of the said order that the petitioners were granted minimum of regular pay scale of Rs. 4440-7440 with grade pay of Rs. 1300/- w.e.f. 24.3.2011 (Annexure-8 to the writ petition).
The grievance of petitioners is that all such daily wage employees similarly situated like petitioners who were granted minimum of regular pay scale have been given the salary in the regular pay scale of Rs. 5200-20200/- with pay grade of Rs. 1800/-, however, the petitioners have been given the salary in the lower pay grade which is not proper.
It is submitted that under similar circumstance the Court vide order dated 31.7.2012 passed in Writ Petition No. 3817 (SS) of 2012 has provided that in the event of enhancement/up-gradation of pay scale the petitioners shall be entitled to get salary at the rate of minimum pay scale as increased, copy of the said order is annexed as Annexure-14 to the writ petition.
Learned standing counsel, on the basis of counter affidavit, submits that the matter with respect to the grant of dearness allowances to the persons who have been given the salary in the minimum of regular pay scale is drawing attention of the Apex Court in an SLP filed by the State Government. It is submitted that the petitioners were appointed on daily wages as such they are entitled to get the prescribed wages and they cannot be given regular pay scale.
I have considered the submissions made by the parties' counsel and gone through the records.
It is not in dispute that the petitioners are already getting the salary in minimum of regular pay scale. The petitioners are getting the salary in the pay scale of Rs. 4440-7440/- whereas their claim is for salary in the minimum of pay scale of Rs. 5200-20200/- with pay grade of Rs. 1800/-.
It is also not in dispute that the pay scales of the Government employees have revised after the petitioners were given the salary in the minimum of regular pay scale of Rs. 4440-7440/-. All such employees similarly situated like petitioners in whose favour the Court has been pleased to issue direction for salary in the minimum of regular pay scale are getting salary in the pay scale of Rs. 5200-20200/-.
In view of above, I am of the considered view that the claim of petitioners needs to be reconsidered in the light of the fact that the pay scales of Government employees have been revised and enhanced and similarly situated persons like petitioners are getting salary in the minimum of pay scale of Rs. 5200-20200/-.
As the aforesaid aspect of the matter has not been considered by the respondents while passing the impugned orders dated 16.5.2013 and 10.05.2012, copy of which have been filed as Annexure-1 and 2 to the writ petition respectively, as such the said order cannot be allowed to stand.
Accordingly, the writ petition is partly allowed. A writ of certiorari is issued quashing the impugned orders dated 16.5.2013 and 10.05.2012 (Annexure-1 and 2 to the writ petition respectively). A writ of mandamus is issued directing the respondent No.2, Rajya Sampatti Adhikari, Government of U.P., Lucknow to reconsider the claim of petitioners for payment of salary in the revised pay scale of Rs. 5200-20200/- with grade pay of Rs. 1800/- in accordance with law and pass appropriate orders, expeditiously, say within a period of three months from the date of receipt of certified copy of this order.
Order Date :- 31.7.2019 Pachhere/-