- (1.) In the instant writ petition, the petitioner, who was the member of Trade Tax Tribunal, U.P., has questioned the correctness of the order dated 12.7.2001 passed by the State Government, whereby his representation for revision of pay-scale was rejected. The petitioner, inter-alia, has also sought for a mandamus to the opposite party No.1-Principal Secretary, Sales Tax and Registration, Government of Uttar Pradesh, to allow him the same pay- scale as is available to a Member of the Trade Tax Tribunal, appointed from amongst the Additional Commissioners and Deputy Commissioners of Trade Tax Department. During the pendency of the present writ petition, the petitioner moved an application and sought amendment in the relief clause, which was allowed vide order dated 10.7.2012 and following relief as relief No. (e) has been added in the relief clause : "(e)Issue a writ order in the nature of certiorari quashing the impugned part/line "Vibhagiya Padon Ke liye" of the Government Order dated 20.9.1997 contained in Annexure No.3 to the writ petition in the interest of justice."
(2.) We have heard Mr. Ashutosh Mishra, learned Counsel for the petitioner and the learned Additional Chief Standing Counsel.
(3.) According to the petitioner, he along with other Advocates were selected on the post of Member of Sales Tax Tribunal (now called Trade Tax Tribunal) in the pay-scale of Rs.4500-150-5700 by the Public Service Commission, U.P., Lucknow, in the selection held in the month of June, 1993. His Excellency the Governor of Uttar Pradesh issued appointment letter dated 27.1.1994 to him in pursuance to sub-section 1 (a) and proviso (ii) to Section 10 of the U.P. Sales Tax Act, 1948 (now called as U.P. Trade Tax Act). Pursuant to the appointment letter dated 27.1.1994, the petitioner joined on 27.1.1994 and was given posting as Member, Sales Tax Tribunal, Faizabad.;