- (1.) CIVIL Misc. Writ No. 13931 of 1986 has been filed by U. P. Engineering Association, a representative body of Engineers of the State of Uttar Pradesh. Writ petition No. 4006 of 1990 has been filed by S/sri Ramji Singh, K. N. Lai, and Masqoor Ali, Engineers in the Industries Department of State of. Uttar Pradesh.
(2.) SINCE Common questions of facts, and, law are involved in the aforementioned writ petitions, they are being decided by this common judgment. In writ petition No. 13931 of 1986, the main reliefs claimed by the petitioners are as follows :- " (i) issue a writ, order or direction in the nature of mandamus com manding the respondents to give uniform pay scale/grade of Rs. 850-1720 to the employees posted/serving as Manager Technical and Technical Officers in the Industry Department as are being given to the technical personnel serving in other departments and possessing similar qualifications. With effect from the implementation of the RIP Scheme in the State of U. P. i. e. , from 1972. " The main reliefs claimed in the other writ petition are as under : " (i) issue a writ of mandamus directing the respondents to award the pay-scale of Rs. 2200-4000 to the petitioners and similarly situate other persons w. e. f. 1st January, 1986. (ii) issue a writ of mandamus directing the respondents to regularize the petitioners and similarly situate persons in the pay-scale of Rs. 2200-4000". S/sri M. S. Negi and S. C. Budhwar appeared before us on behalf of the petitioners, and, Sri K. M. Sahai, learned Standing counsel represented the State.
(3.) IT has been contended by learned counsel for the petitioners that the higher pay-scale of Rs. 2200- 4000 has been given to the juniors to the petitioners. Which is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. On the other hand, learned Standing Counsel- drew our attention to paragraph 5 of the counter affidavit, which is as follows : ". . . . It is stated that there were two pay-scales of Manager (Tech.) one was Rs. 450-950 and the other was Rs. 550-1200. The 13 posts of Manager (Tech.) in the" pay-scale of Rs. 550-1200 were meant for R. I. P. District and Kanpur (R) and the posts of Manager (Tech.) for the remaining districts of the State were in the pay scale of Rs. 450-950. No officer having Diploma Engineer was promoted from the pay- scale of Rs. 450-950 to the post of Manager (Tech.) in the pay-scale of Rs. 550-1200. ";