- (1.) AMITAVA Roy,J 1. Heard Dr.P.S.Bhati, learned Additional Advocate General for the appellants and Mr.B.P.Mathur, learned counsel for the respondents.
(2.) THE instant batch of appeals put to challenge the judgments and orders rendered in a cluster of writ petitions thereby allowing the same and directing the appellants -State - authorities to grant selection grades to the respondents -writ petitioners on completion of 9, 18 and 27 years of services to be reckoned from the date of their initial appointments in the pay scales of Rs.975 -1720, 1200 - 2050 and 1640 -2900 respectively. By the decision impugned, a time frame of two months had been granted to comply therewith. The facts involved vary marginally and that too on peripheral aspects and thus, having regard to the legal issues involved, dilation thereof in details petition -wise is considered inessential. Suffice it to say that the respondents -writ -petitioners had been initially appointed as Malaria Surveillance Worker/Vaccinator under the appellants -State. They claimed that their names were obtained from the employment exchange and after being interviewed by a selection committee, they were initially appointed on adhoc basis and eventually confirmed. In the year 1982, their post was re - designated as Multipurpose Health Worker. Their grievance is that though in terms of circular dated 25.1.1992 of the State Government, the benefits of selection grades to its employees as referred to therein on completion of 9, 18 and 27 years of services have been accorded in order to mitigate their hardship of suffering stagnation in their service career for want of adequate avenues of promotion, the competent authority had not granted them the pay scale as stipulated on their completion of 9, 18 and 27 years of services i.e. 975 -1720, 1200 -2050 and 1640 -2900 respectively. According to them, though they were entitled to higher scale of pay on completion of 18 years, they have been sanctioned the pay scale of 975 -1720 and consequently, the benefit of third selection grade pay scale on completion of 27 years of service as due to them has also been denied. They have impeached this action to be illegal and discriminatory as well contending that they have been unequally treated qua certain other incumbents of the Medical and Health Department of the State, who had been granted the requisite pay scales. They have thus claimed that they are entitled for the first, second and third selection grades in the pay scales of Rs.975 -1720, 1200 -2050 and 1640 -2900 on completion of 9, 18 and 27 years of services from the date (s) of their initial appointment (s).
(3.) THE State -appellants and its functionaries (respondents in the writ petitions) while refuting the claim of the respondents - writ -petitioners have amongst others raised the plea of delay in staking the same. While distinguishing their cases with those who, according to them, are similarly placed, it has been stated that the respondents -writ -petitioners had been granted selection grades in the admissible pay scales on completion of required length of service as per the Rules as due to them. It has been averred as well that the respondents -writ -petitioners were not entitled to the pay scale of Rs.1640 -2900 on completion of 27 years of continuous service as claimed by them. They reiterated that the respondents - writ petitioners were entitled to selection grades as per the circular dated 25.1.1992 in the following terms: - Selection Grades Post Pay Scale Revised Pay Scale w.e.f. 01.09.1996 1st Health Worker 975 -1720 3200 -4900 (Male) Sr.Scale/Sr.MPW 2nd Sector Supervisor 1025 -1800 3400 -5200 3rd Malariya Inspector 1200 -2050 4000 -6000 ;