Sudhir Agarwal - (1.) SRI Abhishek Mishra for the petitioner and learned standing counsel for the respondents.
(2.) SINCE pleadings are complete, as requested and agreed by learned counsel for the parties, this matter has been heard and is being decided finally under the Rules of the Court. Aggrieved by the order dated 31.1.2007 (Annexure-1 to the writ petition) passed by Secretary, Medical Education, U. P. Government, Lucknow rejecting the representation of the petitioner for grant of pay scale of Rs. 1,400-2,600 with effect from 1.1.1986 and 1,640-2,900 with effect from 1.1.1993, the present writ petition has been filed seeking a writ of certiorari for quashing the same and also for issuance of a writ of mandamus for payment of salary in the above mentioned pay scale from due dates as above. The facts in brief, as stated in the writ petition are, that the petitioner was working as Stenographer in the office of Principal Durgajee State Homoeopathic Medical College (hereinafter referred to as "Medical College") since 30.12.1978. The aforesaid Medical College is said to be exclusively owned, controlled and run by the State Government. It is said that considering the claim of the State Government employees for providing pay scale at par with the Central Government employees working in the equivalent post, the matter was considered by the State Government and by Government order dated 16.7.1993, it recommended the pay scales to the category of the Stenographers in the light of the pay scales of the officers with whom they are attached as under : ...[VERNACULAR TEXT OMMITED]...
(3.) SUB para 2 of the said order provides that the Stenographers attached with officers in the pay scale below Rs. 3,700-5,000 shall be given pay scale of Rs. 1,200-2,040. There are some further directions in regard to the application of the above Government order dated 16.7.1993 as contained in the subsequent Government order dated 19.4.1995 but the same are not relevant for the purpose of the present dispute. However, this much is suffice to mention that for Stenographers, who were entitled for the scale Rs. 1,400-2,600 as per the Government order dated 16.7.1993 with effect from 1.1.1986, the same was modified to the scale of Rs. 1,640-2,600 and the scale of Rs. 1,400-2,300 was modified to Rs. 1,200-2,040. It is said that there is only one post of the Stenographer in the Medical College which is attached with the Principal whose pay scale became Rs. 3,700-5,000 with effect from 1.1.1986 and, therefore, as per the Government Order dated 16.7.1993, the petitioner was entitled for pay scale of Rs. 1,400-2,600. However, the respondents sought to pay him salary by revising his scale as Rs. 1,350-2,200 with effect from 1.1.1986 whereagainst he made representation and, thereafter filed Writ Petition No. 20758 of 1996, which was disposed of finally vide judgment dated 8.7.1996 with the following direction : "This writ petition is disposed of finally with the direction to respondent No. 2 to decide the representations of the petitioner contained in Annexure-3 to the petition, within a period of eight weeks from the date of receipt of a certified copy of this order alongwith a copy of this petition by a speaking and reasoned order and communicated the same to the petitioner immediately thereafter." ;