- (1.) Heard Sri Saurabh Lavania, learned counsel for the petitioner and Sri N.K. Seth, learned Senior Advocate assisted by Sri Hari Prasad Gupta, Advocate for respondents. This is a writ petition filed by an association, namely, U.P. Koshagar Karmchari Upsangh Collectorate Koshagar, Lucknow through its Secretary, Sri G.P. Srivastava, challenging the Government Order dated 13.9.2005, to the extent of quashing of para 8 thereof, whereby it has made Government Order dated 6.8.1998 ineffective and inoperative. Petitioner has also sought a writ of mandamus commanding respondents to maintain ratio of 80:20 of Treasury Accountants and Assistant Treasure Accountants in the Collectorate Treasury, Lucknow. It has further sought mandamus commanding respondents to pay salary to the members of petitioner's association working as Treasury Accountants in the pay-scale of Rs. 1640-2900/- and 1400-2300 w.e.f. 1.1.1986 in the light of judgment dated 3.12.2004 passed in Writ Petition No. 6522 (SS) of 1993, as also in furtherance of paras 5 and 6 of Government Order dated 13.9.2005. An alternative prayer has been made by directing respondents to comply the Government Order dated 23.8.2005 and 8.9.2005. Another mandamus has been sought directing respondents to allow members of petitioner's association to continue to work on the post of Treasury Accountants and pay salary in the pay-scale of Rs. 5500-9000/- in furtherance of Government Order dated 23.8.2005 and 8.9.2005.
(2.) Petitioner claims to be an association of Class-III officials working in Lucknow Treasury Office in the capacity of Assistant Treasury Accountants, Treasury Accountants and Assistant Treasury Officers. Earlier Assistant Accountants and Accountants working in Treasury Department were paid salary in the pay-scale of Rs. 1200-2040 and 1400-2300 respectively while persons posted at U.P. Government Secretariat were getting salary in the pay-scale of Rs. 1400-2600 and Rs. 1640-2900 respectively. The backdrop of the pay-scale made applicable to aforesaid posts is taken from the fact that the Equivalence Committee, 1989 constituted by State Government to consider the pay parity of State Government employees with Central Government employees submitted a report and pursuant thereto the Government Order dated 10.7.1998 was issued and in respect of officials posted in Treasury Directorate, the pay-scales were revised as under:
(3.) The aforesaid pay-scales were modified by another Government Order dated 21.3.1990 and in respect of Items No. 2, 3 and 4, hereinabove, the pay-scales were revised as under:;