D.S. Bajpai, J. - (1.) Petitioner No. 1, U.P. Veterinary Association, is a Service Association duly recognised by State of U.P. and petitioner No. 2 is a bona fide member of the petitioner No. 1, Association. The petitioner No. 1, the General Secretary, and the petitioner No. 2, a Medical Officer, serving in the U.P. Veterinary Service have through this writ petition invoked the jurisdiction of this Court under Article 226 of the Constitution of India praying for issue of a writ of certiorari quashing a Government Order contained in annexure 5 to the writ petition in as far as it varied the Post Graduate Pay for Master's Degree holders in the said service from Rs. 100/- to Rs. 50/- and for a consequential writ of mandamus commanding the State of U.P. opposite-party No. 1, to grant Post Graduate Pay at the rate of Rs. 100/- per month instead of Rs. 50/- per month. A further prayer has been made for a writ of mandamus commanding the State of U.P. to declare that the members of the petitioner No. 1 Association in the U.P. Veterinary Service were entitled. to get dearness allowance on the Post Graduate Pay as well and for quashing an order contained in annexure 6 in as far as it directed that the members of the said Service were disentitled to .D.A. thereon. As a consequential prayer it has been claimed that the recovery of dearness allowance paid on Post Graduate Pay be set aside as contained in annexure 6-A to the writ petition.
(2.) We have heard the learned Counsel for the petitioners as also the learned Standing Counsel and perused the affidavits exchanged between the parties. The two points that come out for decision are as to. 'Whether tho petitioners who had Post Graduate Master's Degree were entitled to Rs. 100/- per month as-special pay or not. The petitioners' have averred that G.O. dated 24.9.68 at item 2 in the fourth paragraph of the said G.O. provides the rates of P.G.P. as under : (i) For post graduate diploma -Rs. 50/-p.m. (ii) For post graduate's Degree -Rs. 100/-p.m. (iii) For Ph.D.... Rs. 125/- (iv) For D.Sc. Rs. 150/-
(3.) Subsequently it is asserted that the Government upon the recommendations of the U.P. Pay Commissions of 1971-73 and 1979-81 by G.Os. dated 21.1.74 and 10.81(annexures 2 and 3 respectively) decided to continue to grant P.G.P. as under the G.O. of 24.9.68 referred to herein above. The petitioners assert that the P.G. P. has been directly linked with the basic pay as defined in the Fundamental Rule 9 (21) (i) of the Financial Handbook, Volume II, Parts II to IV. The petitioners assert that it was by G.O. dated 18.12.75 (annexure 4) that the State Government decided to grant P.G.P. to officers and employees of the Animal Husbandry Department with effect from 10.3.70, but only to those holding Ph.D. Degree from any recognised University or Institution in a subject of Animal husbandry, provided the said Degree was not a Prescribed qualification for the posts held by them. Subsequently, when an agitation was launched for implementing the Government decision as contained in the original G.O. of 24.9.68, the Government by a G.O. dated 6.9.79 (annexure 5) provided that holders of M.V. Sc. Degree in class I and II posts in the Directorate of Animal Husbandry and all the said degree holders drawing pay in the scale of Rs. 550-1200 be allowed P.G.P. of Rs. 50/- per month on conditions envisaged in annexures 1 and 2. A perusal of this annexure indicates that P.G. Diploma holders have been deprived of the benefit of this G.O. while P.G.P. for M.V.Sc. Degree holders has been allowed at a reduced rate of Rs. 50/- per month instead s Rs. 100/- per month and nothing has been said about admissibility of dearness allowance on the Graduate Pay which, according to the petitioners, had directly linked with the pay. Specific orders have been issued vide annexure 6-A directing stoppage of payment of dearness allowance on the P.G.P. and for recovery of the amount already paid on that account from the officers concerned. The petitioners aver that they made representation to the competent authorities but to no effect and hence the instant writ petition.;