H. C. Mital, J. - (1.) THE above named petitioners have filed this petition seeking a writ of mandamus directing the respondents to decide the representations of the petitioners for granting revised grade I Pay Scale to them and for any other order deemed expedient under the facts and circumstances of the case.
(2.) THE admitted facts are that the petitioners were posted as Medical Officers Grade II in the dispensaries of Nagar Mahpalika, Allahabad. Petitioners nos. 1, 2 and 3 had joined in July 71, September 77 and May 66 respectively. THEy have been continuing in service and have now been also confirmed in Grade II and the services of the petitioners are governed by the U. P. Palika (Centralised) Services Rules, 1976. It is contended that the State Gevernment accepted the U. P. Pay Commission Report 1971-73 and in pursuance thereof revised the pay scales of the Allopathic Medical Officers of Grade I and Grade II of Mahapalikas as follows :- Existing Revised Grade I 300-900 500-30-650-40-850-50-1150 Grade II 250-700 425-20-505-25-630-30-900 The above Grade I scales were for those having atleast two years experience and of Grade II for the direct recruits. On receipt of the report of Second Pay Commission, the State Government again revised the Pay Scales in the year 1979-80 as follows :- Existing Revised Grade I 500-1150 850-40-1050-e b. 50-1200-60- 1420-e.b -60-1720 Grade II 425-900 690-40-970-e.b -40-1050-60- 1200-e.b.-50-1300-60-1420
(3.) THAT the State Government accepted the recommendation of the Pay Commission, 1971-73, vide Government Order No. 7206-T/9-1-11-Sa-73, dated 21-10-1973 in which there was a provision for the Pay Scale of 500-1150 (Grade I) to be given to the Medical Officers (Grade II) having two years experience subject to the condition that their services were found to be satisfactory by their superior officers. By that date the petitioners nos. 1 and 3 had already completed their two years service to the satisfaction of their superior officers and petitioner no. 2 completed two years service in the month of September, 1979. That the then Administrator of the Allahabad Nagar Mahapalika sanctioned the salary of the petitioner no. 1 in the pay scale of Rs. 500-1150 (Grade I) with effect from 20-7-1973, and an order dated 15-10-1974 was passed to this effect by the Administrator which was served on the petitioner no. 1 through letter no. 9/6/VI, dated 19-10-1974 issued by the Nagar Swasthya Adhikari of the Nagar Mahapalika, Allahabad.;