Decided on April 18,2007

Preetam Prasad Dobhal And Anr. Respondents


J.C.S. Rawat, J. - (1.)THIS Special Appeal, under Rule 5 Chapter VIII of the High Court Rules, has been filed against the judgment and order dated 23 -03 -2006 passed by the learned Single Judge of this Court in Writ Petition No. 217 of 2003 (S/S), Preetam Prasad Dobhal and Anr. v. State of Uttaranchal, whereby the learned Single Judge has allowed the writ petition & directed Appellant/State to decide the controversy and pay revised pay scale to the Petitioners within one month.
(2.)A writ petition bearing No. 217 (S/S) of 2003 was filed before the learned Single Judge by the writ Petitioners (respondents) for the following reliefs
i. To issue a writ, order or direction in the nature of certiorari quashing the order dated 11 -11 -2002 passed by Respondent (Annexed as Annexure No. 12) to this writ petition.

ii. To issue a writ, order or direction in the nature of mandamus commanding the Respondent to sanction the pay scale of Rs. 1400 -2300 for the post of Electric Assistant working in the Government Hotel Management and Catering Institute Dehradun.

iii. To issue any other order or direction which be deemed fit and proper under the facts and circumstances of the case in favour of the Petitioners.

iv. To award cost of the writ petition to the Petitioners."

Brief facts of the case are that the writ Petitioners/respondents were holding Diploma in Electrical Engineering as such they were qualified to be appointed as Electrical Assistant in any Electrical Department in the State Government as well as Central Government. In the month of July, 1982, two posts of Electrical Assistants in the pay scale of Rs. 400 -615 were sanctioned in the Government Hotel Management and Catering Institute at Dehradun (hereinafter referred as Institute). The Petitioner No. 1 was appointed as Electrical Assistant on the pay scale of Rs. 400 -615 in the Institute by the Director Tourism U.P. Lucknow on 29 -07 -1986 and the Petitioner No. 2 was appointed as Electrical Assistant in the pay scale of Rs. 975 -1660 on 14 -09 -1992 by the Director of Tourism, U.P. in the Institute. Both the Petitioners were working in their post since then continuously. In the year 1989, the State Government constituted a Committee known as 'Samta Samiti' for consideration of the parity in the pay scale of State Government employees with the employees of the Central Government. After recommendation of the Committee, the pay scale of Rs. 400 -615 has been revised as 975 -1660 vide G.O. No. 3933/41 -89/503/87 dated 15 -09 -1989 for the post of Electrical Assistant in the Institute. It was alleged that the pay scale of Rs. 975 -1660 was given to the Electric Assistant on the basis of recommendation 1989 Part 1, Table IV of the Samata Samitti report which is for non technical employees. The IVth Pay Commission has recommended pay scale of Rs. 1400 -2300 for the post of Technical Supervisors having three years diploma in Engineering. The IVth Pay Commission consolidated the entire supervisory cadre and recommended pay scale Rs. 1400 -2300 for the said cadre. On 08 -01 -1990, the Petitioners made a representation before the authority concerned requesting therein that the pay scale of 975 -1660 has wrongly been given to them. Therefore, the matter was referred to the State Government for reconsideration. On 26 -10 -1991, the Deputy Secretary of the Tourism Department has also written a letter to the Pay Review Committee (Finance Department) through Secretary U.P. Government, Lucknow requesting therein that the pay scale of the Electrical Assistant in the Institute has wrongly been fixed whereas the Technical Supervisors working in the Central Government has been given pay scale of Rs. 1400 -2300. It was further alleged that the employees working on the post of Junior Reader/Reader Grade II who were being paid the pay scale of Rs. 400 -615 have been sanctioned the pay scale of Rs. 1200 -2040 in the revised pay scale and qualification of the said employees was also same as Electrical Assistant. Therefore, the Electrical Assistant of the Government Hotel Management and Catering Institute be paid the pay Scale of Rs. 1200 -2040 instead of Rs. 975 -1660. It was further alleged that all the Central Government Department and department of State of U.P., the person holding the post which requires the qualification of 3 years diploma in electrical engineering are being paid the salary of Rs. 1400 -2300 but in the case of Electrical Assistant working in the Institute, having the same qualification, are being paid pay scale of Rs. 975 -1660. It was alleged that the Technical Assistant having the same qualification, i.e., 3 years diploma in Electrical Engineering working in National Institute for Visually Handicap Dehradun has been recommended the pay scale of Rs. 1400 -2300 by the Commission. Further the Institute of Hotel Management and Catering Technology and Applied Nutrition, which was sponsored by the Central Government, the pay scale of 1400 -2300 was being given to the similarly situated employees. It was further alleged that the Petitioners have also filed a Writ Petition No. 41875 of 1996 before the Allahabad High Court which was transferred to this Court after creation of the State. The said writ petition was disposed of on 24 -05 -2002 and the Respondent/State was directed to consider the pay scale of the Petitioners in the light of the grievance raised in the writ petition. However, the Government rejected the representation of the Petitioners vide order 11 -01 -2002. Feeling aggrieved by this, the writ Petitioners (respondent) had filed the writ petition before the learned Single Judge.

(3.)THE Respondents/State had filed counter affidavit and pleaded that the Petitioners/respondents were holding the post of Electrical Assistants which come under the category of lower grade technical post. The post of Technical Assistant, which was lowest in the technical grade, and the contention of the Petitioners to claim parity with the post of Supervisor was totally misconceived. It was pleaded that Samata Samiti has recommended the revision in the pay scale on the basis of post, grade, duties and responsibilities. It was submitted that the posts of Technical Assistant in the Electrical Engineering Department of the National Institute of Visually Handicapped, Dehradun was in a different grade and the pay scale of Technical Assistant prior to 01 -01 -1986 was Rs. 450 -700 whereas the pay scale of the Petitioners/respondents was Rs. 400 -615 as such, the allegations of the Petitioners were misconceived. It was further pleaded that the parity claimed by the Petitioners with regard to work, pay scale and nomenclature with respect to other posts was misconceived. At last, it was pleaded that the writ petition was misconceived and is liable to be dismissed.

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