- (1.) HEARD Sri Indra Raj Singh, for the petitioner and Standing Counsel, for the respondents.
(2.) THE writ petition has been filed for quashing the orders dated 20.02.1997 and 21.05.1997, rejecting the representation of the petitioner for grant of pay scale of Rs. 750 -940 per month as revised time to time and for mandamus directing the respondents to pay salary to the petitioner in the pay scale of Rs. 750 -940 along with the arrears of the difference of the amount within one month.
(3.) DIRECTOR Social Welfare, U.P. (respondent -1) advertised vacancies of class IV posts of different category on 02.12.1994. The petitioner also applied for his appointment. Interview was held in June 1995 and Select List was prepared. Director Social Welfare published first appointment list of 103 candidates on 10.10.1995 at different places on different posts. These persons were appointed in regular pay scale of Rs. 750 -940 per month along with other admissible allowances. Thereafter a second appointment list of 77 candidates for the post of 'rasoyia' 75 candidates for the post of 'kahar' and 138 candidates for the pots of 'sweeper' was published on 27.02.1996. These persons were appointed on the fixed salary of Rs. 750/ - per month. In the second list, the name of the petitioner was mentioned as serial no. 59 and the petitioner was appointed on the post of 'kahar' at Government Observation Home, Meera Bhawan, Pratapgarh. In pursuance of the aforesaid appointment, the petitioner joined his services on 08.03.1996. Since the date of appointment, the petitioner is discharging his function with full spirit and devotion to the satisfaction of his superiors. Those 103 candidates, who were appointed by first appointment list on 10.10.1995 were given pay scale of Rs. 750 -940 along with other admissible allowances, which was worked out to Rs. 2160/ - per month at that time. However, remaining candidates, who were appointed by second appointment list dated 27.02.1996 were given fixed salary of Rs. 750/ - per month. The petitioner filed a representation for grant of pay scale of Rs. 750 -940 along with other admissible allowances, which was rejected by order dated 29.02.1997. As copy of order dated 29.02.1997 was not communicated to the petitioner as such he filed a fresh representation on 01.05.1997, then through letter dated 21.05.1997, copy of the order dated 29.02.1997 was supplied. In this order, it has been mentioned that at that time 103 vacancies of class IV posts were existing as such 103 candidates were appointed on the regular pay scale of Rs. 750 -940/ - per month. Remaining candidates were appointed on fixed salary on contract basis. In the appointment order dated 27.02.1996, it has been clarified and the concerned authorities were directed to take consent of the candidates for fixed salary of Rs. 750/ - per month at the time of joining. The petitioner has given his consent for fixed salary at the time of joining services as such he is not entitled to claim any further amount. Hence this writ petition has been filed. In the Counter Affidavit, apart from the aforesaid reasons as mentioned in the letter dated 29.02.1997, it has been stated that in compliance of the order of High Court, Lucknow Bench, dated 19.02.2007, passed in Writ Petition No. 971 (SS) of 2006, Atul Kumar and others Vs. State of U.P. and others, the petitioner was appointed in permanent vacancy in regular pay scale, by order dated 22.03.2007. The petitioner has not denied this appointment. However, the counsel for the petitioner submitted that during this period also the petitioner was entitled to regular pay scale.;