Pradeep Kumar Singh Baghel, J. - (1.) The petitioner is working as a Private Secretary to the Hon'ble Executive Chairman, Uttar Pradesh State Legal Services Authority, Lucknow, who happens to be the senior-most Hon'ble Judge of the High Court of Judicature at Allahabad. He has instituted this writ proceeding for issuance of a writ of certiorari to quash the order dated 26th June, 2014 passed by the first respondent, whereby the prayer of the petitioner for grant of pay scale equal to the Private Secretaries Grade-II to the Hon'ble Judges of the Allahabad High Court and the Private Secretaries to the State Law Officers in the office of the Advocate General of the State i.e. Pay Band-III (Rs.15,600-39,100) plus Grade Pay Rs. 6,600/- has been rejected. He has also prayed for issuance of writ of mandamus directing the respondents to grant him the said pay scale.
(2.) The essential facts are that the petitioner was initially appointed on the post of Personal Assistant on 15th September, 1997 in the Uttar Pradesh State Legal Services Authority, Lucknow (for short, the UPSLSA). He earned his promotion on the post of Private Secretary to the Hon'ble Executive Chairman of the UPSLSA on 26th March, 2010 in Pay Band-II (Rs.9,300-34,800) plus Grade Pay Rs.4,200/-. The petitioner claims that his work and conduct has always been exemplary and appreciated throughout his career and he has never been subjected to any adverse remarks during his service career. The petitioner is holding the post of the Private Secretary to the Hon'ble Executive Chairman, UPSLSA (the senior-most Judge of the Allahabad High Court) and he performs all the duties of a Private Secretary including taking of instructions dictation from the Hon'ble Executive Chairman and other connected and ancillary duties as directed by the Hon'ble Executive Chairman from time to time. It is stated that the service conditions of the petitioner are governed under the Uttar Pradesh Legal Services Authorities and Committees (Employees) Service Rules, 2009 (for short, the Rules, 2009). Regard may be had to the fact that the senior-most Judge of the Allahabad High Court holds the post of the Executive Chairman of the UPSLSA in pursuance of a judgment of the Supreme Court in the case of Supreme Court Bar Association v. Union of India and others, 2007 (2) ESC 349, Writ Petition (Civil) No. 27 of 2007, dated 13th April, 2007.
(3.) The post of the Private Secretary to the Hon'ble Executive Chairman, as mentioned above, is in Pay Band-II (Rs.9,300- 34,800) with the Grade Pay of Rs. 4200/-, whereas even the Personal Assistants to the Hon'ble Judges in the Allahabad High Court are drawing their pay in Pay Band-II (Rs.9,300-34,800) plus Grade Pay Rs.4,800/-. It is stated that the Private Secretaries Grade-II attached to the Hon'ble Judges of the Allahabad High Court are drawing salary in Pay Band-III (Rs.15,600-39,100) plus Grade Pay Rs.6600/-. Thus, although the post of Private Secretary is a promotional post from the post of Personal Assistant, yet the petitioner is getting the pay scale which is much less than that is paid to the Personal Assistants to the Hon'ble Judges of the High Court.;