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IN THE HIGH COURT OF ALLAHABAD
SARAL SRIVASTAVA, J.
Sushil Kumar Gautam And 16 Others - Appellant
Versus
State Of U.P. And 2 Others - Respondents
Writ A. No.20277 of 2019
Decided on : 02-08-2021
Constitution of India,1950 - Article 14 - Tribunals claim - Pension - Petition have prayed for following relief Issue writ order or direction nature of mandamus directing respondents to grant sanction upgrading petitioners' grade pay from when Mates of P-WD- and other departments were extended benefits of grade pay - Issue writ order or direction in nature of mandamus directing respondents to pay arrears of upgraded grade pay since with interest till date of its actual payment and revise –Held, Court that fixation of pay and determination of parity in duties is function of Executive and scope of judicial review of administrative decision in this regard is very limited- However it is also equally well-settled that courts should interfere with administrative decisions pertaining to pay fixation Irrigation Department in Meerut and Lucknow Divisions and also from several recommendations which have been made by Engineer-in-Chief to Deputy Secretary Irrigation Department by placing reliance upon Government Order extending benefit of grade pay Mate of PWD- Thus from facts detailed above only conclusion which can be drawn is that nature and duty performed by Mate of Irrigation Department are similar to Mate of PWD and therefore they are also entitled to benefit of grade pay of petitioners Government is sleeping over matter when recommendation was made by Engineer-in-Chief to Deputy Secretary Irrigation Department and petitioners are facing financial loss on account of inaction of State Government therefore applying principles laid down by Apex Court in cases this Court is of opinion that it is fit case where Court should intervene and exercise its power Article Constitution of India commanding respondents - Petition allowed
JUDGMENT :
Saral Srivastava, J.
1. The petitioners by means of present writ petition have prayed for the following relief:-
(ii) Issue writ, order, or direction in the nature of mandamus directing the respondents to pay the arrears of upgraded grade pay since 16.11.2011 with interest till date of its actual payment and revise their pay/pension accordingly."
2. The case of the petitioners is that petitioner no.1 was appointed as Beldar on compassionate ground in January 1993 and was promoted on the post of Mate in the year 1999 and since then he is continuing in Muzafar Nagar Division Ganga Canal, Muzaffar Nagar. Petitioner no.2 was appointed as Mate on compassionate ground on 04.06.1990 in Tubewell Division. The petitioners no.3 to 13 were appointed as Mate on 21.02.2009, 20.01.1990, 09.05.1989, 10.02.2009, 22.01.2006, 05.02.2009, 30.07.2003, 20.02.2009, 11.02.2009, 09.06.2003 and 19.06.1995 respectively in Muzaffar Nagar. The petitioners no.14 and 15 were appointed on 01.08.2003 and 26.11.1999 in Muzaffar Nagar while petitioners no.16 and 17 were appointed in Etah on 06.02.1980 and 08.01.1981. Petitioner no.17 has retired on 31.01.2019 from Irrigation Division, Etah and he is getting the pension on grade pay of Rs.1800/-. Thus, all the petitioners are working in Irrigation Department in the State of U.P.
3. It is stated that a Government Order dated 16.11.2011 was issued by Special Secretary, UP Government, Lucknow in respect of class IV employees of Public Works Department (hereinafter referred to as 'PWD') of State of U.P. providing grade pay of Rs.1900/-with amended pay scale of Rs.5200-20200/-on the basis of the report of 6th Pay Commission and recommendation of Pay Committee (2008) under G.O. dated 08.09.2010.
4. The State of U.P. issued another Government Order dated 30.03.2016 based on the Pay Committee recommendation with an amendment in the pay scale for the post of Daftari, Jamadar (Orderly), Cyclostyle Operator, Photostat Operator, and Head Gardner, etc. granting them grade pay of Rs.1900/-.
5. Further, the case of petitioners is that on 26.07.2016, Pramukh Abhiyanta (Engineer-in-Chief), Irrigation Department, U.P., Lucknow sent a letter to Deputy Secretary, Irrigation and Water Resources, UP, Lucknow requesting him to approve upgrading the grade pay from Rs.1800/-to Rs.1900/-on the basis of Government Order dated 30.06.2016 which has provided the benefit of grade pay of Rs.1900/- to class IV employees.
6. It is also stated that the State Government issued another Government Order dated 29.05.2017 providing grade pay of Rs.1900/-to class IV employees working in Drainage & Tubewell Divisions at Meerut, Ghazipur, and Lucknow and in various other districts which are part of irrigation department and accordingly, grade pay of Rs.1900/-to class IV employees working in aforesaid divisions has been fixed.
7. It is also stated that Executive Engineer wrote a letter to Finance Controller in the office of Engineer-in-Chief, Irrigation, and Water Resources, UP, Lucknow requesting him to clarify as to whether class IV employees of Muzaffar Nagar Division be also extended the benefit of grade pay of Rs.1900/-. The State Government on 29.05.2018 sought a report from the office of Engineer-in-Chief and Head of Department, Irrigation and Water Resources, UP, Lucknow for extending the benefit of grade pay of Rs.1900/-.
8. Pursuant to the said letter, Senior Staff Officer on behalf of Engineer-in-Chief, Irrigation, and Water Resources, UP, Lucknow sent a report on 09.07.2018 recommending for grant of grade pay of Rs.1900/-to the petitioners. Similar, recommendations have been made by Senior Staff Officer to Deputy Secretary, Irrigation and Water Resources, UP, Luckn
Direct appointees entitled to pay parity with transferred employees and departmental counterparts performing identical duties, as unequal pay scales violate Articles 14/16; courts rectify arbitrary a....
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
The tribunal affirmed that similar employees' pay should be upgraded equally, addressing violations of equality in pay scales and ensuring equitable treatment among all central government employees.
Employees similarly situated must receive equitable treatment regarding pay fixation as per Article 14, emphasizing uniform application of benefits.
The court affirmed the principle of equal treatment under Article 14, ordering the extension of retroactive pay benefits to applicants similar to counterparts in other departments.
Court emphasizes equal treatment and fair pay for similarly situated employees under the law, allowing notional pay fixation from 1996.
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