Sangeeta Chandra, J. - (1.) This writ petition has been filed by the petitioners, five in number were working as Stenographers in various Divisional Offices of the Public Works Department, challenging the order dated 13.01.2002 passed by respondent No. 2, Director, Establishment Review Bureau, Department of Finance, Government of U.P. A further prayer has been made for issuance of a mandamus commanding the respondents to ensure that petitioners are paid the Pay-Scale of Rs. 570-1100/- from the date similarly situated counterparts, posted in the Circle Offices, are being paid the same.
(2.) The case as set up by the petitioners in the writ petition is that by means of a Notification issued by the Government accepting the recommendations of the Second Pay Commission on 29.09.1981, a policy decision was taken with regard to Pay-Scale admissible to Stenographers. The Stenographers working in the Pay-Scale of Rs. 250-425/- were given General Pay Revision in Pay Scale of Rs. 470-735/- and Stenographers working in the Pay -Scale of Rs. 300-500/- were given General Pay Revision in the Pay Scale of Rs. 515-816/-. The Selection Grade of Rs. 680-920/- was made admissible on the basis of rendering continuous satisfactory service of 10 years to such Stenographers also. In Clause 3 of paragraph 4 of the said Notification, it was mentioned that all those Stenographers, who were attached with heads of Minor Departments placed in the Pay Scale of Rs. 840-2400/- and Stenographers attached in office of the District Magistrate, District Judge and Members of the Tribunal and Chairman of Cooperative Tribunal be also give Pay Scale of Rs.570-1100/-. Such Stenographers as were attached to the office of the District Magistrate and District Judge would not be given Special Pay however. With respect to Stenographers attached to Divisional Commissioners, Heads of the Major Departments and Chairman of Tribunals excluding Cooperative Tribunal, the Pay Scale of Rs. 625-1316/- be given.
(3.) Claiming benefits of the Notification dated 29.09.1981, one Writ Petition No. 5389 of 1982 was filed by Bajrangi Pandey and others, which was dismissed by a Hon'ble Single Judge and against the order passed by the Writ Court dated 06.09.1994, Special Appeal No. 724 of 1994 was filed by Bajrangi Pandey and Ram Mohan Singh. The Division Bench after considering the Notification issued on 29.09.1981 came to the conclusion that the petitioners, who were working in Circle Offices and were attached to Superintending Engineer were infact attached to Heads of Minor Departments working in the Pay Scale of Rs. 840-2400/-, and therefore, were entitled for Pay Scale of Rs. 570-1100/- w.e.f. 01.01.1979, as per Clause 3 of para 4 of the said Notification. Thus it was held by the Division Bench on 10.09.2002 that those Stenographers, who were in the Pay Scale of Rs. 250-425/-, but were attached with the Office of Heads of Minor Departments like, Superintending Engineer in Circle Offices, were entitled to Pay Scale of Rs. 570-1100/-.;