CHANDRA DHARI SINGH, J. - (1.) The petition has been filed with the following prayers:- "(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 25.09.2017 served on 27.9.2017 as contained in Annexure Nos. 1, 2 and 3 to this writ petition. (b) Issue a writ order or direction in the nature of mandamus commanding the opposite parties by directing them not to give effect to the impugned orders dated 25.9.2017 as contained in Annexure Nos. 1, 2 and 3 which has been issued in circumvention of the GOs dated 22.5.1990 and 16.11.1998 as contained in Annexure Nos. 9 and 15 respectively. (c) Issue a writ order or direction in the nature of mandamus commanding the opposite parties by directing them to consider the petitioners for upgradation/ modification of their pay scale at least above those incumbents who were appointed in Office Staff i.e. ministerial cadre i.e. Group 'C' as since their initial appointments the petitioners are the gazetted officers. (d) Issue a writ order or direction in the nature of mandamus commanding the opposite parties by directing them to create a structure of cadre by providing avenue of promotions from the post of Training Officers. (e) Issue a writ order or direction in the nature of mandamus commanding the opposite parties by directing them not to make any recovery from the salary and the emoluments already paid to the petitioners as all of them deserve to be treated as appointed in the cadre since date of their initial appointment. (f) Any other suitable direction or order may also be issued in favour of the petitioners, which this Hon'ble Court may deem fit and proper in the circumstances of the case."
(2.) Brief facts of the case are as follows:- (i) The Judicial Training and Research Institute (JTRI) was established at Lucknow after Governor's approval in furtherance of National Joint Conference of Chief Ministers, Chief Justices and Law Ministers presided by Prime Minister with object for training and research of Judicial Officers, Law Officers, Government Advocates, and Public Prosecutors. The decision was followed by Law Commission's 14th and 17th Report. (ii) The Governor of U.P. accorded the approval for establishing JTRI at Lucknow under the administrative control of Law Department, Government of U.P. Two 'Ex-Cadre' posts of Training Officer in JTRI were created with other gazetted posts by G.O. [1] dated 06.08.1986. Vide G.O. [2] dated 31.08.1987, two more Ex-Cadre posts of Training Officer were created. Thus, total number of Ex-Cadre posts of Training Officer at JTRI reached at 04 (Four). (iii) Vide office order dated 16.08.1989, petitioner no.1 was appointed on the vacant post of Research Officer. Subsequently, vide office order dated 22.06.1990, he was promoted/appointed on the post of Training Officer. Petitioner No.1 was confirmed on the post of Training Officer vide order dated 28.10.1998. (iv) Petitioner No.1 was not being allowed the next benefit arising out of IIIrd ACP and Petitioner Nos.2 and 3 of IInd ACP on the ground that since they are holding Ex-Cadre posts, they are not entitled for Time Scale/ACP. (v) Vide Letter/G.O. [3] dated 06.08.2015, it was communicated/directed by the Government that either under the earlier arrangement of Time Bound Promotional Pay Scheme (for short 'Time Scale Scheme') or under the present scheme of Financial Upgradation (for short 'ACP'), there is no provision of grant of Financial Upgradation to the incumbents of Ex-Cadre posts. (vi) Vide G.O. [4] dated 08.12.2016, three out of four Ex-Cadre Posts of Training Officer in JTRI have been made Cadre posts w.e.f. 15.06.2003 and the persons working against those three posts of Training Officer have been absorbed against cadre posts. (vii) Vide Office Order [5] dated 23.02.2017 issued by JTRI in due compliance of the aforesaid Government Order dated 08.12.2016, order has been passed to absorb three incumbents/Training Officers against the three posts of Training Officers made a Cadre Post w.e.f. 15.06.2003. Further, vide Letter [5] dated 23.02.2017, appropriate direction was sought from the Government in respect to the date of admissibility and grant of Time Scales/ACPs to the petitioners. (viii) In the meantime, a test checking of the pay fixation of the officers/employees working in JTRI was conducted by the team of Auditors of the Establishment Revision Bureau, Department of Finance, U.P. Civil Secretariat, Lucknow (for short 'ERB') from 01.05.2017 to 05.05.2017 in which discrepancies were found in pay fixation of total 8 officers/employees working in JTRI, including the petitioners herein. Subsequently, vide Letter [6] dated 25.08.2017 issued by Director, Establishment Revision Bureau, Department of Finance, Lucknow, U.P., it was directed that the fixation of pay etc., of the aforementioned 8 officers/employees found erroneous in the aforesaid test/checking audit, be corrected and the amount paid in excess to their entitlement be adjusted from their salary etc., after inviting their objections in that regard. (ix) In furtherance of the aforesaid letter dated 25.08.2017 (supra), the pay scale(s) of the aforesaid officers/employees have been re-fixed after inviting their objections. In the case of Training Officers, their pay scales and admissible time scales/financial upgradations have been re-fixed and appropriate order(s) dated 25.09.2017 have been issued, which are impugned herein, treating their services on the cadre post of Training Officer w.e.f. 15.06.2003 in terms of aforesaid Government Order dated 08.12.2016.
(3.) Learned counsel for the petitioners has submitted that the impugned order has been issued in a camouflage of pay fixation as per G.O. dated 08.12.2016, G.O. dated 22.12.2016 and letter dated 25.08.2017 without serving the same to the petitioners. It is submitted that after representation of the petitioner dated 17.03.2014 to the Principal Secretary (Judicial) and LR, Government of U.P. for upgradation of the post/pay scale on 30.10.2014, the State Government directed Director, JTRI to submit fresh proposal of upgradation of post/pay scale considering the qualification, work and responsibility of the posts of Training Officers.;