- (1.) HEARD learned counsel for the parties and perused the pleadings of writ petition.
(2.) THIS writ petition has been filed with a prayer to quash the order dated 02.09.1992 and to command the opposite parties to pay salary of the Personnel Officer to the petitioner.
(3.) THE case of the petitioner is that the petitioner was employed in U.P. State Sugar Corporation Limited on the post of Personnel Officer since December, 1977 and since then he has been holding the post of Personnel Officer continuously. After the appointment on the post of Personnel Officer, he came out of the purview of the Sugar Wage Board constituted by the Central Government as there is no post of Personnel Officer in any of the Sugar Wage Board. The Management of the Corporation had issued an Office Memorandum fixing pay -scales of it's officers and the pay -scale of the Personnel Officer had been given at serial no.28 of the statement regarding the revision of pay -scales. The petitioner demanded the pay -scale of Personnel Officer but he was denied. Being aggrieved, he has filed a writ petition No.5682 of 1986 in which the mandamus was issued to consider the case of the petitioner. In compliance thereof, the case of the petitioner was considered by the opposite parties but has rejected the claim of the petitioner by order dated 02.09.1992. In the order dated 02.09.1992, it has been mentioned that the petitioner is being paid the Supervisory A -II pay -scale while there is no post of Personnel Officer in the Sugar Wage Board. Still being aggrieved, the petitioner has filed the present writ petition challenging the order dated 02.09.1992 passed by the opposite party no.2. With this background, learned counsel for the petitioner has submitted that the petitioner was appointed as Personnel Officer, therefore, he should be given the Pay -scale of the Personnel Officer as provided in the statement of the pay -scales of the Corporation. It has also been submitted that since the petitioner had worked as Personnel Officer and had retired as such, therefore, he is entitled for the pay -scale of the Personnel Officer. He has also submitted that the opposite party no.2 has created artificial division among the Personnel Officers of the Corporation in order to deprive the pay -scale to the petitioner.;