O.P.Garg, J. - (1.) With a view to espouse the cause and vindicate the grievances of its members, the Class IV Employees Association of High Court of Judicature at Allahabad and its Secretary, Manbodh Yadav, have knocked the doors of this Court in inordinate and compelling circumstances by filing the present petition under Article 226 of the Constitution of Indian to mandate the State Government of Uttar Pradesh not to back out from its commitment made and resolution adopted to accord post to post parity-in the matter of grant of pay scales which are admissible to their counterparts in Delhi High Court, w.e.f. 1.1.1986.
(2.) In its historical retrospect, the employees of this Court were always treated as inferior to the employees of the State Secretariat in the matter of pay scales. It was only in the year 1968 that, to ameliorate, to some extent the conditions of the employees of this Court, there was revision in the pay structure and it was brought at par with the staff of the State Secretariat. There was general unrest in the employees of the various departments of the State. They were agitating for the grant of pay parity with their counter parts in the Central Government as there was vast disparity in the pay scales of the employees of the State Government and the Central Government. Ultimately, the State Government succumbed to the pressure of the State employees and for the first time in the year 1988, took a policy decision that w.e.f. 1.1.1986, the State employees shall be paid the pay scales of Central Government on corresponding posts. It appears that certain difficulties arose to equate the various posts as being equivalent to each other and consequently, the State Government adopted a resolution known as Sankalp Sankhya Ve-A-1-3243/Dus-84(MO)-88, dated 14.10.1988 whereby an Equivalence Committee was constituted. The report of the Committee was accepted by the State Government and the pay scales admissible to the Central Government employees were made admissible to the State Government employees holding the corresponding posts w.e.f. 1.1.1986 as was envisaged by Adhyaya 2, Adhikar Adesh, at page 3 of the Report of Equivalence Committee, U.P. 1989-Part I. Chapter V of the report contains the modes and the methods by which the comparability of the post is to be devised. After all these exercise was undertaken, the State Government by order dated 30.6.1989 prescribed the pay scales for the posts manned by the officers and servants of this Court. The class IV employees were placed in two different categories of pay scales, firstly the then existing pay scale of Rs. 305-390 was enhanced and revised to Rs. 750-940 and secondly, the earlier pay scale of Rs. 315-440 was revised to Rs. 775-1025. Peons, Helpers, Farrash, Chaukidars, Sweepers, Electricians, Watermen and Liftmen fall in the pay scale of Rs. 750-940 while Jamadars, Daftarees, Bundle Litters, Head Malis, Photocopiers, Machine Operators have been placed in the pay scale of Rs. 750-1025. The grievance of the petitioners is that they have been discriminated in the matter of providing post to post parity inasmuch as, their counter parts in Delhi High Court are getting much higher pay scales. In substance, the case of the petitioners is that they are entitled to the pay scales (i) Rs. 975-1660 and (ii) Rs. 1000-1750, which are admissible to the class IV employees of Delhi High Court.
(3.) The petitioners made a representation dated 27th July, 1994 before the Hon'ble Chief Justice of the High Court, respondent No. 2, who after considering the matter, recommended the case of the petitioners for favourable consideration by the State Government but unfortunately, the State Government failed to take any decision in the matter.;