R.K.AGRAWAL, J. - (1.) THE present Special Appeal has been filed by Bajrangi Pandey and Ram Mohan Singh against the judgment and order dated 6th September, 1994 passed by the learned Single Judge in Civil Misc. Writ Petition No. 5389 of 1982 dismissing the writ petition and holding that the clause (iii) of the Notification dated 29.9.1981 is not applicable in the case of the appellant-writ petitioners.
(2.) BRIEFLY stated the facts giving rise to the present case are that the appellants-writ petitioners are holding the post of Stenographers and posted in the Office of Superintending Engineer, Circle V and XVIII at Allahabad. The pay scale of the post of Stenographer on which the appellants-writ petitioners are working was Rs. 250-425. The State Government constituted Second Pay Commission for considering the revision of the pay scales of its employees. The recommendation made by the Second Pay Commission has been accepted by the State Government vide Notification dated 29.9. 1981. The Second Pay Commission recommended the following pay scale of the Stenographers, which has been accepted by the State Government. Both the appellant-writ petitioners are working as Stenographer in the office of the Superintending Engineer who is Head of the Department in the pay scale of Rs. 1840-2400. The case of the appellants-writ petitioners are that they are entitled for the pay scale of Rs. 570-1100. However, the Deputy Secretary vide order dated 14.4. 1982, directed that the appellants-writ petitioners are entitled for the pay scale of Rs. 470-735. No order was passed by the State Government on the representation made by the appellants-writ petitioners.
(3.) BEFORE the learned Single Judge, it was contended on behalf of the appellant-writ petitioners that they are working in the office of Superintending Engineer, who is the Head of the Department, in the pay-scale of Rs. 1840-2400 and as per clause (Ga) of the Notification dated 29.9.1981 they are entitled for the pay scale of Rs. 570-1100. On the other hand, the stand taken by the State was that a harmonious interpretation has to be given to the various clauses of the report of the Second Pay Commission, wherein, the pay scale of various Stenographers have been revised and fixed and reference to the pay scale of the Head of Department which has been given in clause (Ga) cannot be read in the main part and it is not in the disptue that the appellants-writ petitioners were getting the pay scale of Rs. 250-425 prior to the revision and, therefore, they have rightly been placed in the pay scale of Rs. 470-735. It was further contended that the pay-scale of Rs. 570-1100 is provided only to those Stenographers who are working in the offices of the District Judge, Member of the Tribunals and Chairman of Co-operative Tribunal and not to other Stenographer, though they may be working under the officers who are in the pay-scale of Rs. 1840-2400.;