ORDER :

Sudhir Agarwal, J.

1. Heard Sri Aadarsh Singh, Advocate, holding brief of Sri I.R.Singh, learned counsel for petitioners, learned Standing Counsel for respondents and perused the record.

2. The present writ petition has been filed under Article 226 of the Constitution of India praying for issue of a writ of certiorari quashing order dated 08.9.1998 passed by Director General, Medical Health and Family Welfare Service, U.P., whereby claim of petitioners claiming Class III status and pay scale of Rs.950-1500 has been rejected. Petitioners have also prayed for issue of a writ of certiorari quashing Government Order dated 18.11.1989 (Annexure 11 to the writ petition) whereby post of 'Nursing Assistant' has been placed in the pay scale of Rs.775-1025 by including it with several other posts forming part of Class IV cadre. Lastly, petitioners have also prayed for issue of a writ of mandamus directing respondents to pay petitioners working as Nursing Assistant salary in the scale of Rs.950-1500, as revised from time to time.

3. Petitioner 1 is an Association namely U.P. Nursing Assistants Association, claimed to have been recognized by State of Uttar Pradesh vide Government letter dated 9.7.1970. It represents the cause of persons working as 'Nursing Assistants' in various Hospitals of State Government. Petitioners 2 and 3 are individuals appointed as “Nursing Assistants” in Government Hospitals and have been impleaded so as to press their individual rights as also they are Members and President, respectively, of Association.

4. Educational qualification for recruitment and appointment to the post of “Nursing Assistant” was/is (i) Matriculation/Intermediate (ii) Second Grade Nursing Certificate of Military Department; (iii) IIIrd Class English Examination of Military Department; and (iv) Five years' experience in dressing nursing and as Attendant in some Medical Hospital.

5. 'Nursing Assistants' are normally posted in small Hospitals having only 10 beds and they work as Male Nurse thereat. Earlier, 'Nursing Assistants' were treated as Class IV employees. Subsequently, vide Government Order dated 18.9.1972, 'Nursing Assistants' were declared class III employees and their age of superannuation was declared as 58 years.

6. In 1972, pay scale recommended by Pay Commission for 'Nursing Assistants' was Rs.175-250. It was a class III pay scale. Qualifications of 'Nursing Assistant' was also Matriculation /Intermediate as also Training Certificate. However, vide Government Order dated 28.11.1989, 'Nursing Assistants' were placed in Class IV category with pay scale of Rs.775-1025.

7. Petitioner 1 represented against aforesaid placing of 'Nursing Assistants' with Class IV employees and claimed that they were entitled to be considered as Class III employees. This demand was forwarded by Director General, Medical Health and Family Welfare, U.P. (hereinafter referred to as “DG, MHFW”) vide letter dated 07.3.1990 to State Government. It recommended that 'Nursing Assistants' of Government of India were given higher pay scale while in State of Uttar Pradesh, pay scale of Class IV employees has been extended to 'Nursing Assistants', which is not justified. Again, a similar demand was made by Petitioner 1-Association, vide letter dated 28.9.1992.

8. Having received no response, Petitioner-1, Association, filed Writ Petition no.2406 of 1993, which was disposed of vide judgment dated 1.5.1998 directing respondents Competent Authority to decide petitioners' representation within two months. The order passed by this Court reads as under :

“The petitioner has made representation before the authorities, who shall consider the said representation in accordance with law within a period of 2 months from the date. The matter is finally disposed of.”

9. Pursuant thereto, impugned order dated 08.9.1998 has been passed by DG, MHFW rejecting claim of petitioners