Rajiv Sharma, J. - (1.) HEARD Counsel for the petitioner and the learned Standing Counsel.
(2.) IN the instant writ petition, the petitioner-Association has prayed for quashing the condition imposed in the Government Order dated 19.9.1994 and to provide the revised pay scale to all the persons, who are in service as Laboratory Technicians in the Department of Medical Health, U.P. The present writ petition arises out of the dispute for fixation of the pay scale of the Laboratory Technicians and Senior Laboratory Technicians, working in the Medical health Department. After revision of the pay scales in 1979, the Laboratory Technicians were placed in the pay scale of Rs. 400- 615 whereas Senior Laboratory Technicians were placed in the pay scale of Rs. 515-860. Laboratory Assistants are usually appointed in Ayurvedic and Unani Hospitals whereas Laboratory Technicians are appointed in the Medical and Health department. Pursuant to the judgment passed in writ petition no. 8345 of 1989, the Laboratory Technicians were provided the pay scale of Rs. 515-869 w.e.f. 18.7.1981. On 1.1.1986, the pay scales were against revised and Laboratory Technicians were placed in the pay scale of Rs. 1320-2040, which was also provided to the Laboratory Assistants. However, while placing the petitioner in the pay scale of Rs. 1400-2300 in compliance of the aforesaid judgement, a condition was put in vide G.O. Dated 19.9.1994 that advantage of the said pay scale i.e. Rs. 1400-2300 would only be permissible to such persons, who were earlier placed in the pay scale of Rs. 515-860. Counsel for the petitioner submits that whether the respondents have any authority to provide different pay scale to the same class of persons on the basis of a cut-off date or to classify one grade in two distinct part in relations to pay scale, notwithstanding the constitutional right which is conferred to the similarly situate persons.
(3.) ON behalf of the respondents, it has been submitted that initially in Ayurvedic and Unani system, the pay scale of Laboratory Assistant/Technical Assistant was less than the pay scale of Laboratory Technician ( allopathic). Later on, by the Government Order dated 12.5.1987, the pay scale of the Laboratory Assistant/Technical Assistant ( Ayurvedic and Unani) was made equal to Laboratory Technician and it was fixed at Rs. 400-615. Laboratory Assistant/Technical Assistant (Ayurvedic and Unani System) Karmchari Sangh filed a writ petition no. 5497 of 1987 claiming parity with Modelers, who were employed in State Ayurvedic and Unani Hospital and also Senior Laboratory Technician. Pursuant to the order of the High Court, the pay scale of Laboratory Assistant/Technical Assistant ( ayurvedic and Unani ) was increased to Rs. 515-860 with effect from 18.7.1981.;