- (1.) HEARD Shri R.B.S. Rathaur, learned counsel for the petitioners and learned standing counsel for the State respondents and also perused the record.
(2.) THIS writ petiton under Article 226 of the Constitution of India has been filed by the petitioners with following prayers: - i) issue a writ in the nature of certiorari quashing the impugned orders dated 3.1.2008 and 11.1.2007 (contained in Annexures 1 and 2 to the writ petition); ii) issue a writ in the nature of mandamus commanding the opposite parties to grant pay scale of Rs.5000 - 8000 to the stenographers grade - II working in the Commercial Tax (Trade Tax) Department in the State of U.P. w.e.f. 1.1.1986 with all consequential benefits; iii) grant such other writ, order or direction which this Hon'ble High Court may deem fit and proper in the special circumstances of the present case; and iv) Award the costs of the writ petition in favour of the petitioners.
(3.) IT was submitted by the learned counsel for the petitioners that vide Government Order dated 17.2.2002 the pay scale of various grades in the Commercial Tax (Trade Tax) Department (hereinafter referred to as the Department) has been fixed as under: - It was further submitted that appointments in Stenographer Grade II cadre are made through direct recruitment and rest of three posts are by promotion, and the minimum qualification for appointment on the post of Stenographer Grade II is (i) Intermediate; (ii) Speed of 80 wpm in short hand; (iii) 25 wpm typing speed. The stenographer of the same cadre, working with the Central Government, have been granted pay scale of Rs.5000 -150 -8000, though the duty and function of stenographer grade II in the department of Uttar Pradesh is absolutely identical with the stenographer working in the Central Government. Stenographer working in Grade III in Central Government are required to have passed only high school examination. There are five grades of stenographer cadre in the Central Governmnet, whereas in the State of U.P. There are only 4 grades. The stenographer grade II in the Department were earlier getting pay scale of Rs.470 -735. The pay scale was revised w.e.f. 1.1.1986 and they were given pay scale of Rs.1200 -2040. For other ministerial cadres pay scale of Rs.470 -755 was revised to Rs.1350 -2200.;