SHEO KUMAR SINGHI, J. - (1.) By means of this writ petition filed under Article 226 of the Constitution of India the petitioner has challenged the Government Order dated 02.07.2013 so far as it relates to date of implementation of the Government Order dated 11.12.2008 and prayed to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to give the benefit of the Government Order dated 11.12.2008 to the petitioner with effect from 01.12.2008, the date the employees of the other departments of the State have been extended the benefit of the impugned Government Oder.
(2.) The issue involved in the present writ petition is that vide Government Order dated 11.12.2008 the benefit of the Voluntary Family Planning Programme was implemented to all the employees of the State Government to be effective from 01.12.2008. While giving similar benefit to the officers of the judicial department vide order dated 02.07.2013, it was extended to the judicial officers with the condition and using the word 'with immediate effect'. The executive or the State instrumentalities interpreted it to be effective from the date of issue of the Government Order i.e. 02.07.2013, which is said to be discriminatory, arbitrary and violative of Article 14 of the Constitution of India.
(3.) While submitting counter affidavit, the respondent State has submitted that some other pay and allowances are admissible to the officers of the judicial cadre and implementation of Voluntary Family Welfare Programme, which is applicable to all employees of the State of U.P., was extended to the officers of the judicial cadre with effect from the date of issue of the order i.e. 02.07.2013 and it is not discriminatory. It has further been submitted that in light of other pay and allowances, a discrimination can be made to the judicial officers and it is within the category of reasonable classification.;