- (1.) RAKESH Tiwari, J. Heard the learned Counsel for the parties and perused the records.
(2.) THE petitioner was given temporary appointment on 31-12-1982 on the post of Chaukidar in Harijan Girls Primary Pathshala, Palhanee, Azamgarh (hereinafter referred to as institution) which is a recognized institution on the grant-in-aid from Harijan and Social Welfare. He joined the Institution on 1-1-1983. The petitioner was being paid Rs. 45 per month in the year 1974. On 25-8-1987 the Head Master of the institution requested the Director, Harijan Evam Samaj Kalyan Vibhag, U. P. Lucknow to pay the salary of the petitioner of the post of Chaukidar, which is a Class-IV post of the State Government. The petitioner also moved representations on 13-11-1987, 16-8-1988 and 16-9-1989 before Zila Samaj Kalyan Adhikari, Azamgarh, but he has not been granted the pay scale of Class-IV employee. Aggrieved by the non-payment of salary of aforesaid post, he filed the present writ petition challenging the action of non-granting the salary on the ground that it is illegal, arbitrary and in violation of Articles 14 and 16 of the Constitution of India. At the time of admission the petitioner prayed that he may be permitted to move an application before respondent No. 4 for revision of his pay. This Court vide order dated 22-12-1995 granted permission to the petitioner for moving an application for revision of his pay scale before respondent No. 2 and further directed that in case an application is filed, the same shall be decided by means of speaking order within a period of one month from the date of filing of such application in accordance with law.
(3.) IN the counter affidavit filed by the Zila Samaj Kalyan Adhikari, Azamgarh, it has been, inter alia, stated that the petitioner had been appointed on the post of Chaukidar in the fixed pay scale which he had accepted in the agreement and this matter has already been decided by an Order No. 4001/2 dated 31- 3-1996 and as such he is not entitled to pay scale of Class-IV employee. Counter and rejoinder affidavits have been exchanged between the parties. I have perused the same.;