ALLAHABAD HIGH COURT
SIDDHARTH, J.
KAILASH NATH SAXENA AND OTHERS - Petitioner
Versus
STATE OF Uttar Pradesh AND OTHERS - Respondents
(Civil Misc. Writ Petition No. 7252 of 1996, decided on 5th February, 2018)
Petition Allowed.
Hon'ble Siddharth,J.
Heard Sri S.K. Gaur, learned Counsel for the petitioners and learned Standing Counsel for the respondents.
1. The petitioners have filed above noted writ petition, praying for a direction to the respondents to grant pay scale of Rs.1400-2400 to the petitioners, since January, 1986 at par with their Counter parts working at the Government Leather Institute, Agra. Prayer has also been made to amend the staff structures/nomenclature of Leather Instructors working at Government Leather Institute, Kanpur in accordance with the provisions given in the service rules as applicable to non gazetted employees of the Government Leather Institution, Kanpur. By way of amendment, the petitioners have made further prayers for quashing of the Government Orders dated 10.09.2013 and 24.09.2013 and order dated 27.08.2014 passed by the Principal Secretary, Technical Education, Government of U.P., Lucknow. Finally the prayer for direction of payment of all consequential and revised benefits of pay scale as well as the promotional benefits, which have not been paid to the petitioners in their entire career of service, has been made.
2. The facts of the petition are that the Government Leather Institute Kanpur and Agra are the only Institutes in the State of Uttar Pradesh imparting Diploma in Footwear and Leather Goods Technology. The Institute at Kanpur is older one and was established in the year 1916, while the institute at Agra, known as Government Leather Institute, Agra was established in the year 1958. Initially both the Institutes imparted training for Certificate Courses in the Footwear and Leather Goods Manufacture and since 1961 Post Matriculate Course in Leather Goods Manufacture (P.M.C.), a two years Course, was introduced in both the Institutes and soon thereafter in seventies a two years Diploma Course in Footwear and Leather Goods Manufacture was introduced. Since the year 1983-84 both the Institutes started offering three years Diploma Course in Footwear and Leather Goods Technology. Both the Institutes at Kanpur and Agra now impart training in the three years Diploma Course in footwear and Leather Goods Technology. The Course is approved by the Board of Technical Education, U.P., Lucknow. At both the Institutes, the curriculum for the three years Diploma Course in Footwear and Leather Goods Technology, in all in the three years, is one and the same. The staff structure as well as the strength of the staff in both the Government Leather Institutes of Kanpur and Agra for the non- Gazetted staff has been framed in accordance with the staff structure as has been provided in Appendix-1 of the Uttar Pradesh Technical Education Department Non-Gazetted Technical Service Rules, 1988 (hereinafter referred to "Rule of 1988"). However, Instructors at Kanpur, who are teaching Diploma students of Footwear Technology and Leather Goods Manufacture, are being wrongly designated rather misquoted as Leather Instructors. Their counter parts at Government Leather Institute Agra, are fortunate having been given the correct designation as had been granted to them under the above mentioned Rules of 1988, applicable to them. In General terms Leather Technology relates to the Technology for making Leather from raw hide, while the Footwear and Leather Goods Technology relates to the preparation of footwear, other goods and articles made out of the leather. The Footwear Technology in itself is not a composite subject, at both the Government Leather Institutes either at Kanpur or at Agra, instead it is taught at these Institutes as a subject of study composing of five specific fields like Closing, Costing, Making, Drawing, Finishing, etc. The subject of "Drawing" relates to designing and pattern cutting. The subject "Closing" relates to components cutting and stitching of components. The subject "Making" relates to the upper closing of the Footwear and other Leather Goods and articles and also about making of the shoe. "Finishing
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.