- (1.) The appellant was appointed on the post of Store Superintendent Grade-II under the Director, Civil Defence, U.P. Lucknow (the second respondent to the appeal). The appellant was thereafter promoted on 17 June 1984 to the post of Store Superintendent Grade-I.
(2.) On 6 September 1971, a Government Order was issued regarding the fixation of pay-scales in which it was stipulated that if the posts of Store Superintendent Grade-I are filled up from Police Inspectors, they would be entitled to a pay-scale of Rs.225-500 and as regards the posts of Store Superintendent Grade-II when drawn from Police Sub Inspectors, would be admissible to a pay-scale of Rs.175-300. All other persons appointed on the posts of Store Superintendent Grade-I would receive a pay-scale of Rs.150-350 and on the posts of Store Superintendent Grade-II to a pay-scale of Rs.120-250.
(3.) This discrimination between persons occupying the same posts with the same responsibilities but drawn from two different sources was challenged before the State Public Services Tribunal in a claim petition instituted by one Rajendra Prasad Singh. That claim petition (Claim Petition No. 215/V/HM3/87, Rajendra Prasad Singh vs. Director, Civil Defence, State of U.P. and Ors.) was allowed by the Tribunal on 1 October 1996. The Tribunal held as follows: "...But no reason has been given as to why the persons coming from other departments were not entitled to get the same pay scale, which police personnel have been allowed. There is no dispute that both these two types of personnel discharge the same duties on the same place and on the same posts. It is also clear that when the petitioner was appointed as Store Superintendent Grade-I, he was getting the same pay scale which police personnel had been allowed. In these circumstances granting of lower pay scale than those of police department, is illegal, discriminatory and arbitrary. In the above circumstances the opposite parties are directed to ignore the G.O.'s contained in Annexure nos. 2&3 and to pay the same pay scale which opposite parties are given to police personnel on the post of Store Superintendent Grade-I." Accordingly, the Tribunal directed that the petitioner before it be granted same pay-scale on the post of Store Superintendent Grade-I which the police personnel had been allowed.;