Arun Tandon - (1.) -These three writ petitions have been filed by Telephone Operator/Telex Operators appointed in the High Court of Judicature at Allahabad after due selection between the year 1993 to 1999. The petitioners are aggrieved by the decision taken by the State Government dated 14.5.1992, dated 29.5.1992, dated 8.9.1997 and dated 10.4.2006 whereby payment of salary in the pay scale of Rs. 1,350 to 2,200 has been refused to the petitioner and the petitioners have been directed to be paid salary in the pay scale of Rs. 1,200 to 2,040.
(2.) RECRUITMENT and other conditions of service on the post of Telex Operator in the establishment of High Court of Judicature at Allahabad is regulated by the rules framed by the Hon'ble The Chief justice in exercise of powers under Article 229 of the Constitution of India, known as Allahabad High Court Officers and Staff Conditions of Service and Conduct Rules, 1976. It may be recorded that vide amendment dated 21st September, 1992 the word 'Telex Operator' was also added to the post of Telephone Operators and necessary consequential amendments were also made in Rules 8, 9, 10A and 13A of the 1976 Rules. Under Rule 36 of the aforesaid 1976 Rules, the scales of pay admissible to person appointed on various posts in the establishment has been provided to be as such as may be determined by the Hon'ble The Chief Justice from time to time with the approval of His Excellency The Governor of Uttar Pradesh. The State of U. P., issued two orders dated 14th May, 1992 and dated 29th May, 1992 whereby it was provided that the salary of the Telephone Operator/Telex Operators already appointed and working for the period between 1.1.1986 to 6.3.1989 would be in the pay scale of Rs. 950 to 1,500 and with effect from 7th March, 1989 their salary would be in the scale of Rs. 1,350-2,200 on personal basis. With regard to the persons appointed on the same post subsequent to 29.5.1992, it has been provided that they shall be paid salary in the pay scale of Rs. 1,200-2,040.
(3.) IT is not in dispute that all the petitioners were appointed subsequent to issuance of the Government order dated 29th May, 1992 and in their appointment letters the pay scale admissible has specifically been mentioned as Rs. 1,200-2,040. The petitioners allege that after joining in pursuance to letter appointment they came to know that their counterparts appointed earlier on similar post were enjoying the pay scale of Rs. 1,350-2,200. Petitioners therefore, made a representation before the High Court of Judicature at Allahabad. The petitioners were informed that the Hon'ble Chief Justice of the High Court has already made his recommendation vide letter dated 31st July, 1991 for grant of pay scale of Rs. 1,350 to 2,200 to all the Telephone Operators working in the establishment of the High Court at Allahabad. However, no further action had been taken in the matter. The Additional Registrar of the High Court on 9th December, 1995 again forwarded the recommendation of the Hon'ble The Chief Justice for grant of pay scale to the persons appointed on the post of Telex Operator/Telephone Operators in the scale of Rs. 1,350-2,200 instead of 1,200-2,040. IT was mentioned that the anomaly, which was existing in respect of salary qua the persons working on the same post with reference to their date of appointment, may be removed at the earliest. The aforesaid representation was followed by reminders. The Special Secretary to the Government of Uttar Pradesh vide letter dated 3rd December, 1997 informed that the recommendation of the Hon'ble The Chief Justice has not found favour with the State Government and Telephone Operators/Telex Operators appointed subsequent to 14.5.1992 cannot be granted salary in the pay scale of Rs. 1,350-2,200.;