SIDDHARTH,J. - (1.) Heard Sri S.K. Gaur, learned Counsel for the petitioners and learned Standing Counsel for the respondents.
(2.) The petitioners have filed above noted writ petition, praying for a direction to the respondents to grant pay scale of Rs.1400-2400 to the petitioners, since January, 1986 at par with their Counter parts working at the Government Leather Institute, Agra. Prayer has also been made to amend the staff structures/nomenclature of Leather Instructors working at Government Leather Institute, Kanpur in accordance with the provisions given in the service rules as applicable to non gazetted employees of the Government Leather Institution, Kanpur. By way of amendment, the petitioners have made further prayers for quashing of the Government Orders dated 10.09.2013 and 24.09.2013 and order dated 27.08.2014 passed by the Principal Secretary, Technical Education, Government of U.P., Lucknow. Finally the prayer for direction of payment of all consequential and revised benefits of pay scale as well as the promotional benefits, which have not been paid to the petitioners in their entire career of service, has been made.
(3.) The facts of the petition are that the Government Leather Institute Kanpur and Agra are the only Institutes in the State of Uttar Pradesh imparting Diploma in Footwear and Leather Goods Technology. The Institute at Kanpur is older one and was established in the year 1916, while the institute at Agra, known as Government Leather Institute, Agra was established in the year 1958. Initially both the Institutes imparted training for Certificate Courses in the Footwear and Leather Goods Manufacture and since 1961 Post Matriculate Course in Leather Goods Manufacture (P.M.C.), a two years Course, was introduced in both the Institutes and soon thereafter in seventies a two years Diploma Course in Footwear and Leather Goods Manufacture was introduced. Since the year 1983-84 both the Institutes started offering three years Diploma Course in Footwear and Leather Goods Technology. Both the Institutes at Kanpur and Agra now impart training in the three years Diploma Course in footwear and Leather Goods Technology. The Course is approved by the Board of Technical Education, U.P., Lucknow. At both the Institutes, the curriculum for the three years Diploma Course in Footwear and Leather Goods Technology, in all in the three years, is one and the same. The staff structure as well as the strength of the staff in both the Government Leather Institutes of Kanpur and Agra for the non- Gazetted staff has been framed in accordance with the staff structure as has been provided in Appendix-1 of the Uttar Pradesh Technical Education Department Non-Gazetted Technical Service Rules, 1988 (hereinafter referred to "Rule of 1988"). However, Instructors at Kanpur, who are teaching Diploma students of Footwear Technology and Leather Goods Manufacture, are being wrongly designated rather misquoted as Leather Instructors. Their counter parts at Government Leather Institute Agra, are fortunate having been given the correct designation as had been granted to them under the above mentioned Rules of 1988, applicable to them. In General terms Leather Technology relates to the Technology for making Leather from raw hide, while the Footwear and Leather Goods Technology relates to the preparation of footwear, other goods and articles made out of the leather. The Footwear Technology in itself is not a composite subject, at both the Government Leather Institutes either at Kanpur or at Agra, instead it is taught at these Institutes as a subject of study composing of five specific fields like Closing, Costing, Making, Drawing, Finishing, etc. The subject of "Drawing" relates to designing and pattern cutting. The subject "Closing" relates to components cutting and stitching of components. The subject "Making" relates to the upper closing of the Footwear and other Leather Goods and articles and also about making of the shoe. "Finishing" is about final touches to the articles made. The "Costing" is the subject of last stage that relates to the fixing of the value of the articles. The Departmental Rule of 1988 applicable to both the Government Leather Institutes, either at Kanpur or at Agra, while making a mention of the staff structure, describes five different Instructors in five individual disciplines of the Footwear and Leather Goods Manufacturing Technology viz, (1) Instructor Closing (2) Instructor Costing (3) Instructor Making (4) Instructor Drawing (5) Instructor Finishing The Government Leather Institute Agra, has adopted the pattern and the staff structure, in the Institute on the above mentioned lines. But the Government Leather Institute Kanpur has not adopted the nomenclature of the staff as provided in the staff structure given in the Service Rues and even though different Instructors teach the different disciplines of Closing, Costing, Making, Drawing and Finishing, which make composite Footwear and Leather Goods Manufacture Technology, they have been called by misnomer with the name of Leather Instructors Institute at Kanpur. The petitioner no.1, Kailash Nath Saxena, did his Diploma in Footwear Technology and Leather Good Manufacture in the year 1971 from the Government Leather Institute, Kanpur and was appointed in the Institute as Leather Instructor in the year 1980. The petitioner no.2, Amar Nath Sharma, did his Diploma in the same subject in the year 1971 and was appointed in the Institute in the year 1978. The petitioner no.3, Arun Kumar Srivastava, did his Diploma in the year 1975 from the Government Leather Institute Kanpur itself and was appointed in the Institute in the year 1980. The petitioner no.4, Milendra Kumar Singh, did his Diploma in the subject from above mentioned Institute in the year 1981, he worked initially as Instructor Leather Craft in Ekikrit Kshtra Vikas Abhikaran, Gazipur, but he was absorbed as Instructor Leather Technology in Government Leather Institute Kanpur, by the order of the Joint Technical Education, Western Zone Meerut. The petitioner no.5, Swami Das Srivastava, who did his Diploma from Government Footwear Institute, Rewari, was appointed in the Institution on 12.07.1989. The main grievance of the petitioners is that the Service Rules applicable to the Non- Gazetted employee of the Government Leather Institutes, published on 19th July, 1989, mentions the Pay Scale of the Instructors in the discipline of Leather Instructor or Instructors in Footwear and Leather Good Manufacturing Technology (Like Instructor in Closing, Instructor in Costing, Instructor in Making, Instructor in Drawing and Instructor in Finishing) as Rs.550-18-640-20-680 EB-20-740-25-865-EB-25-940. The pay scale has now been revised to the pay scale of Rs.1400-2400. The Instructors in the above mentioned discipline at the Government Leather Institute, Agra are getting the pay scale of Rs.1400-2400, in view of the pay commission report published in 1988, applicable since January, 1986. But the petitioner who are Governed by the same service rules, and are working in the same discipline of Footwear and Leather Goods Technology as Instructors and are performing the same work of teaching as their counter parts at the Government Leather Institute Agra, are getting a different and lesser pay scale of Rs.975-1600. This Pay Scale doesn't even finds mention in the pay structure, as provided in Article 26 of the Service Rules. All the petitioners are Diploma holders in the subject of Footwear and Leather Goods Technology, while their counter parts at Agra, who are working as Instructors in the subject and getting the much higher pay scale of Rs.1400-2400, are all holding certificates in Footwear and Leather Goods Manufacture, a much lower qualification. It must also be mentioned that both the Institutions, either at Kanpur or Agra are governed by the Uttar Pradesh Technical Education Department, as such the services of the employees are transferable and the persons/ employees are having their inter institutional transfer from Government Leather Institute, Agra and vice-versa as and when required. The Instructors at Kanpur get their salary in a lower pay scale 975-1600, in contrast to their counter parts at Agra. The Principal of the Government Leather Institute, Kanpur and the Leather Instructor at the Institution, having time and again been representing against the above mentioned anomaly in their pay structures to the respondent no.1 as well as the respondent no.2 but in vain. The petitioners are still getting their pay in lower pay scale Rs.975-1600 and are incurring loss of salary since January 1988 i.e., with the Introduction of the pay scale of Rs.1400-2400 with effect from January 1986 and hence this writ petition. ;