- (1.) HEARD Mr.Manish Mathur, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THE petitioner has assailed the order dated 6.8.2004, passed by the Director, Ground Water Department, State of U.P., Lucknow as also the order dated 21st of March, 2007, whereby the petitioner's representation to change his designation on the basis of the qualification, has been rejected.
(3.) THE petitioner was appointed on 15.10.1983 as work charge employee in the Ground Water Inspection Organization against the pay scale of Rs.200 -330/ -. He possess the qualification of M.Sc. (Geology) awarded from Aligarh Muslim University. It is stated that the petitioner studied the Geology subject in B.Sc.(Hons.) too. The Director of the Department vide letter dated 8/12 October, 1983 issued instructions to all the officers of the department concerned regarding classifications, pay scales and designations of the work charge employees depending upon their respective educational qualifications. As per qualification, the petitioner claimed his classification on the designation and pay scale of Scientific worker. However, the same has been denied on the ground that the practice of changing the post of work charge employees according to the qualification has been discontinued vide circular dated 10.10.1986 and 21.6.1993. The petitioner also claimed that work done by the Technical Assistant and the work done by the petitioner are exactly similar in nature, therefore, the petitioner is entitled to the similar pay scale, which is being given to the technical assistant. The petitioner also instituted a writ petition being writ petition No.652 (SS) of 1996 before this court for change of his designation and pay scale. This court by means of judgment and order dated 4th of September, 2003 issued direction to the opposite parties to consider the petitioner's representation and pass an appropriate order. The respondent has considered his representation, but the same has been rejected. The learned counsel for the petitioner submits that in similar circumstances the respondents have changed the designation of one Shri Ram Raj from the post of Field Assistant to the post of Data Processor vide order dated 5.3.1998 and have paid the arrears of salary also. Accordingly he submits that the petitioner's claim being similar cannot be denied.;