C.K.PRASAD,J. - (1.) THIS Special Appeal at the instance of respondent-appellants under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 arises out of a judgment and order dated 22.08.2008 passed by a learned Single Judge in Writ Petition No. 1378 (S/S) of 2008 whereby while allowing the writ petition, he has directed for payment of pensionary benefits to the petitioner.
(2.) BEREFT of unnecessary details, short facts giving rise to the present appeal are that the writ petitioner-respondent, hereinafter referred to as the 'writ petitioner', was initially appointed as Collection Amin (Taquabi Amin) on 15.05.1972. Thereafter, the State Government took a decision to abolish the scheme under which the petitioner was appointed. Accordingly, a Government Order was issued to terminate the services of 14000 Collection Amins including the writ petitioner. Thereafter, a certificate was issued on 28.08.1975 by the District Agricultural Officer, Sultanpur certifying that the employment of the writ petitioner had been terminated with the abolition of post by the State Government by a Government Order and the writ petitioner had been treated as retrenched employee. Challenge made to the aforesaid decision of retrenchment before this Court in Writ Petition No. 2077 of 1975 failed. Thereafter, the State Government took a policy decision to absorb the retrenched Collection Amins in different phases in different Government Departments of the State. Ultimately, by order dated 20.03.1983, writ petitioner was appointed as part-time Tubewell Operator in the Tubewell Section of the Irrigation Department at Sultanpur on a fixed pay of Rs. 200/- per month and thereafter a decision was taken by notification dated 20.02.1992 to pay honorarium at the rate of Rs. 550/- per month. Shri Suresh Chandra Tiwari and others, who were also appointed as part-time Tubewell Operators, filed Writ Petition No. 3558 (S/S) of 1992 ( Suresh Chandra Tiwari and Ors. Vs. State of U.P. and Ors.) before this Court for issuance of a writ in the nature of mandamus commanding the State Government to pay to them the regular scale of pay, which was admissible and being paid to the full-time Tubewell Operators and also for quashing the notification dated 20.02.1992 by which honorarium at the rate of Rs. 550/- was fixed. It is relevant here to state that some of the part-time Tubewell Operators approached the Labour Court in regard to the issue of wages and the Labour Court decided that part-time Tubewell Operators shall also be entitled to the regular scale of pay of a Tubewell Operator. Aggrieved by the aforesaid order of the Labour Court, Engineer-in-Chief, Irrigation Department, U.P. and others filed Writ Petition No. 1502 (S/S) of 1992 (Engineer-in-Chief, Irrigation Department, U.P. and Ors. Vs. Makrand Singh and Ors.) before this Court. The Writ petition filed by Suresh Chandra Tiwari and others, besides the writ petitions of several other part-time Tubewell Operators and the aforesaid Writ Petition No. 1502 (S/S) of 1992 came up for consideration before this Court on 18th March, 1994. The learned Judge by order dated 18th May 1994, allowed all the writ petitions except Writ Petition No. 1502 (S/S) of 1992 and quashed the notification by which honorarium at the rate of Rs. 550/- per month was fixed and further directed that part-time Tubewell Operators shall be entitled to the same emoluments, i.e. the same scale of pay which other regularly appointed Tubewell Operators are being paid. While doing so, this Court observed as follows:- "What we have found in the earlier part of the judgment, is that the tubewell operators and erstwhile part-time tubewell operators, now called as tubewell assistants perform same nature of duties. It is though provided that duty hours of the tubewell assistants are from 9.30 A.M. to 12 noon, but it is only on paper while in fact they have to work whenever electricity is available during any time of the day and it has also been found that they work much more than two and a half hours, in respect of which in different writ petitions, the petitioners have placed material to indicate that they work for more than two and a half hours. The condition that their services are not transferable is of no consequence, nor the fact that their mode of recruitment is different. There is no denial of the fact that tubewell operators getting higher emoluments are still there very much in service, whereas for the same work the petitioners are being paid less. The plea that it is uneconomical to pay them full wages is not a valid ground and in favour of some of the petitioners, orders passed for payment of wages to them under the Minimum Wages Act have been upheld by the High Court. It is highly improper to change the nomenclature of the part-time tubewell operators to that of tubewell assistants without their being anyone to whom they could render the assistance and there being no change in the nature of their work, it was not done with bona fide intentions. In view of the above, the petitions deserve to be allowed."
(3.) THE writ petitioner as also few other Tubewell Operators filed another writ petition, i.e. Writ Petition No. 4632 (S/S) of 1995 (Raj Marhi and Ors. Vs. The State of U.P. and Ors.) before this Court, inter-alia, praying for grant of regular scale of pay of the post of Tube-well Operator. A learned Judge of this Court by order dated 15.11.1995 disposed of the said writ petition, inter-alia, observing as follows:- "In view of the above, petition is disposed of finally with the direction that the petitioners shall make a representation within a week from today with a certified copy of this order before Secretary Irrigation Department who shall examine whether the petitioners are similarly placed like the petitioners of Writ Petition No. 3558 (S/S) of 1992 decided on 18.05.1994. In case Secretary finds that the petitioners are covered by the said decision the benefit of the said decision shall also be extended to the petitioners." ;