Markandey Katju, J. - (1.) THE petitioner is a Medical Officer in Grade II, Nagar Mahapalika, Allahabad. He joined on 16 -5 -1966 as Medical Officer (Allopathic) Grade II in Nagar Mahapalika, Allahabad and has continued in service since then. He was also confirmed as Medical Officer Grade II and has been granted increments after crossing efficiency bar. In para 10 of the petition it has been alleged that the State Government has accepted the recommendation of the Pay Commission in which there was a provision for granting the pay scale of Medical Officer Grade I to the Medical Officer Grade II who has two years experience subject to the condition that their services were found to be satisfactory by the senior officers. The petitioner having completed much more than two years when the recommendation of the Pay Commission 1971 -72 was made, he claimed that he is entitled to the pay scale of Medical Officer Grade I.
(2.) IN para 12 of the petition the petitioner has alleged that the Administrator, Nagar Mahapalika, Allahabad has sanctioned the pay scale grade I to the petitioner but subsequently after a few months without any order for or assigning any reason abruptly stopped the same and the petitioner was again given salary of Grade II Medical Officer, Thereafter the petitioner has been making representations but to no avail. The petitioner has given several instances of other employees who have been granted Grade I who have put in more than two years experience. Hence he has been discriminated against. For example Dr. Kailash Nath Verma has been given Grade I as mentioned in Paras 22 to 25 of the writ petition. Other examples have also been given in para 26 of the petition. There is no basis for this discrimination. The petitioner having put more than two years, is entitled to the pay scale of Medical Officer Grade I. Accordingly the writ petition is allowed. A mandamus is issued to the respondents to grant Grade I pay scale of Medical Officer to the petitioner within a month of production of a certified copy of this judgment before them.
(3.) THE writ petition is allowed. No order as to costs. A copy of this order may be given to the learned counsel for the parties on payment of usual charges within a week.;