B. S. Yadav, J. - (1.) By means of this petition the petitioner, an Association of employees of Directorate of Information and Public Relation, Government of U.P. have prayed for the issue of a writ in the nature of mandamus, commanding the State of U.P. to give them scale of Lower Division Assistants and Upper Division Assistants at par with employees working in Secretariat, U.P. They have also prayed for the issue of a writ in the nature of certiorari, quashing the order dated 21-6-1990. passed by Sri Nripendra Misra the then Secretary, Government of U.P. refusing to grant the said scale.
(2.) A similar question cropped up in writ petition No. 5203 of 1985 which was filed by the petitioner. A Division Bench consisting of myself and brother Hon'ble Mr. Justice U.C. Srivastava, J. (as he then was), allowed the writ petition and commanded the State of U.P. to consider the cases of the Lower Division Assistants and Upper Division Assistants of Information Directorate for the same pay scale as that of employees of the Secretariat. It was indicated in the order that the opposite parties would decide the same within a period of three months from the date of production of a copy of that order before the opposite parties.
(3.) On 21st June, 1990 by means of the order dated 727(1)/19-1-90-167/88 the Secretary to the Government rejected the claim of the petitioner. While rejecting their claim the order indicated that prior to 1st April, 1965 the Directorate of Information was part of the Secretariat of Ministry of Information, Government of U.P. in the year 1964 the pay Rationalisation Committee like other Directorate recommended the pay scale to the Government the said report was accepted by the Government on 1-4-1965. The pay Rationalisation Committee was of the view that the work in the Secretariat and in the Office of Public Service Commission, for the post of Lower Assistants and Upper Division Assistants are different than the work in other departments, their qualifications are higher and selections used to be made by holding an examination through Public Service Commission, hence the persons working in the Department of Directorate of Information were given the same scale which the persons working in other department get.;