- (1.) The petitioners who are 164 in number claim to be Head Operator and Radio Sub-Inspector in Wireless Wings of the Police Radio Section in different district in the state of Uttar Pradesh. They have preferred this writ petition for a common relief which reads as under :- "a. Issue, a writ, order or direction, in the nature of mandamus directing the Respondents to sanction the increments to the petitioners as on 1/1/1996, in fixing salary in the reserved Pay Scale effective from 1/1/1996, with all consequential benefits, in accordance with paragraph 4 (2) of the Government order dated 31/12/1997, and to fix the pension accordingly in the reserved pay scale and disburse to the retired petitioners regularly every month along with arrears with interest @ to be specified by this Hon'ble Court. "
(2.) In paragraph 5 of the writ petition it is stated that Petitioner no. 133 to 164 have retired on reaching their age of superannuation.
(3.) Learned counsel for the petitioners submits that the issue involved in this writ petition with regard to entitlement of salary in revised pay scale in terms of paragraph 4 (2) of the Government Order dated 31.12.1997 fell for consideration of this Court in the case of Surendra Kumar Singh Rathore and others v. State of U.P. and others (Writ-A No. 24814 of 2010), wherein this Court issued the following directions :- "The Government order dated 31.12.1997 proceeds to fix the procedure in respect of fixation of pay scale qua the incumbents whose pay scale had been revised with effect from 01.01.1996 and nothing beyond the same. In the present case, it is true that in earlier recommendation of the Pay Commission salary of the petitioners had been fixed in the pay scale of Rs.4000-6000/- , and thereafter fixation had been made as per Government Order dated 31.12.1997. But once in principal State Government had accepted this request that the petitioners were entitled to pay scale of Rs.5000-8000/- , then in such a situation once again State Government will have to make fixation with effect from 01.01.1996 and for making fixation the parameter provided for in consonance with the Government Order dated 31.12.1997 has to be adhered to with the rider that if the benefit had been extended in the past on account of revision of pay scale with effect from 01.01.1996 in the pay scale of Rs.4000-6000/- in consonance with the Government Order dated 31.12.1997 the same has to be rescinded and adjusted accordingly. Thus the view of the State Government in this background is not being approved of. Consequently, writ petition succeeds and the same is allowed. The order dated 12.03.2010 is hereby quashed and set aside. The respondents are directed to consider the claim of the petitioners for grant of one increment to the petitioners with effect from 01.10.1996 after fixing the salary in revised pay scale of Rs.5000-8000/- with effect from the said date in accordance with the directives contained in paragraph 4(2) of the Government Order dated 31.12.1997, and further fixation which has been made in the pay scale of Rs.4000-6000/-, qua the same, it is hereby directed that whatever payment has been made pursuant to the same, same be adjusted before proceeding to extend benefit accordingly.";