V.K.Shukla, J. - (1.) PRESENT writ petition has been filed by the petitioner, questioning the validity of order dated 1.8.2002, mentioning therein that similar pay scale cannot be accorded and the excess amount in question, which has been paid, is liable to be recovered.
(2.) BRIEF background of the case is that Petitioner was initially appointed as Laboratory Technician in Medical Health Department of the State of U.P. petitioner has stated that on 10.6.1985 decision was taken to create a separate cadre of the employees who were working in the Medical & Health Department and the Employees State Insurance Department, who had been transferred to the Labour Department of the State of U.P. petitioner has stated that all the employees like the petitioner who were appointed in the Health, Department, but were actually posted in the State Employees Insurance Hospitals and Dispensaries, were asked to exercise their option for being merged in the cadre to be constituted in respect of State Employees Insurance Hospital in the Labour Department. In this regard reference has been given of clause 5 of Government order dated 10.6.1985, which provided that the employees opting for State Employees Insurance Department would be entitled to same salary and other service benefits as are admissible to the Medical Staff and Paramedical Staff under the Medical and Health Department. Petitioner claims that in view of the said provision, he exercised his option in the prescribed format and the said option was duly accepted. Petitioner claims that thereafter he became the member of the cadre of the employees of the E.S.I. Department, and he was accorded selection grade after completing 16 years of service and benefit of revised pay scale was also accorded. Petitioner has contended that thereafter for no rhyme or reason, some audit objection was raised under the signature of Senior Audit Officer by mentioning that wrong fixation has been made, as similar pay scale was not admissible vis -a -vis the staff and the State Employees Insurance Department and the Health Department, and excess amount paid on account of wrong fixation is liable to be recovered. At this juncture, present writ petition has been filed. On presentation of writ petition this Court on 20.8.2002 passed following order, which is being quoted below: "It is contended that petitioner had opted for Employees State Insurance Department, in the year 1985 and that by Government order dated 10.6.1985, the pay and allowances of all the employees, working as medical and paramedical, were protected providing that they will be paid same salary and allowances which were applicable to the medical staff and paramedical staff of the Medical & Health Department and as such the petitioner's salary cannot be reduced. Notice on behalf of all the respondents has been accepted by the learned Standing Counsel. He prays for and is granted four weeks' time to file counter affidavit. List in the 1st week of October, 2002. Until further orders, the effect and operation of impugned order dated 1.8.2002, passed by respondent No. 3, Medical Superintendent, Employees State Insurance Hospital, Naini, Allahabad, shall remain stayed. The petitioner shall continue to draw the same salary, as was drawn by him before issuance of the impugned order."
(3.) IN spite of repeated opportunity being accorded till date no counter fidavit has been filed on behalf of the respondents, and as such the statement of cts mentioned in the writ petition remains un -rebutted.;