- (1.) The petitioner no. 1 is an association Petitioner Association of Class-IV employees of the High Court of Judicature at Allahabad High Court. Its General Secretary has joined the writ petition as petitioner no. 2. They have preferred this writ petition for issuance of a writ of certiorari for quashing of the order dated 26th July, 2012 passed by the State Government rejecting the recommendations of Hon'ble the Chief Justice of this High Court made under Article 229 (2) of the Constitution of India, whereby it was recommended to enhance the pay scales of the members of the petitioner Association and some other staff of the High Court equivalent to the pay scale of their counterparts in the Delhi High Court. The State Government has rejected their claim only on the ground that in case the parity is granted to the petitioners, similarly placed employees of the Secretariat and other Departments of the State shall also raise the similar demand and it will adversely affect the financial condition of the State.
(2.) The essential facts of the case are that the members of the petitioner Association are working on different categories of Class-IV posts, such as Jamadar, Daftari, Bundle Lifter, Head Mali, Mali, Peon, Farrash, Bhisti, Sweeper, Fireman, Chowkidar, etc. (non-technical posts) and Electrician, Pump-operator, Telephone Mechanic, Photocopier-cum-Machine Operator, etc. (technical posts) in the establishment of this High Court. The service conditions of the members of the petitioner Association are governed under the provisions of the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976 Rules Of 1976.
(3.) Previously, the members of the petitioner Association were in the pay scales of Rs.750-940 and Rs.775-1025, as the case may be. The petitioner Association preferred a writ petition, being Civil Misc. Writ Petition No. 15211 of 1997 (Class-IV Employees Association of High Court and another v. State of U.P. and others), seeking a direction upon the State to grant the pay scales of Rs. 975-1660 and Rs.1000-1750 in place of aforesaid pay scales of Rs.750-940 and Rs.775-1025 respectively to the Class-IV employees of the High Court, as the case may be, w.e.f. 01st January, 1986.;