JUDGMENT :

1. Challenge in this writ petition is laid to an order passed by the department of Jail Administration, dated 27th May, 2014 (contained in Annexure 12 to the writ petition); whereby petitioners claim for higher wages admissible to Instructors is declined and the classification based on qualification for prescribing different scale of pay is upheld.

2. Petitioners were appointed as Instructors to teach various vocational subjects to Prisoners in the Jail and are working since long. Petitioner No. 1 was appointed as Instructor in 1997; Petitioner No. 2 was appointed to the same post in 1992; Petitioner No. 3 was appointed in 1995; Petitioner No. 4 was appointed in 1987 and Petitioner No. 5 was appointed in 1982, respectively. There services were earlier governed by the provisions of the U.P. Jail Ministerial and Commercial Service Rules, 1983. Eligibility for appointment to the post of Instructor has been specified in Part IV of the Rules of 1983. For Instructors in different trades, the qualification prescribed was Diploma and Practical Knowledge of three years. Reference can be had to the qualification of Tailor Master, which reads as under:-

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3. Similar qualifications have been specified for other trades also. All the petitioners possess requisite qualification as per the requirement contained in the Rules of 1983. They were also paid salary as per the scale of pay prescribed for them.

4. In the year 2011, the Rules of 1983 stood substituted by a new set of Rules known as ‘Uttar Pradesh Karagar Prashasan Evam Sudhar Vibhag Pravidhik (Samuh "Ga") Seva Niyamavali, 2011’. The educational qualification for appointment under the new rules is distinct from what was specified earlier. In the service rules different scale of pay has been prescribed for same post, depending upon the qualification possessed by the Instructor. Lower scale of pay i.e. 3050-4590 with Grade Pay of Rs. 1900 is prescribed for Instructors possessing qualification of High School or one year diploma; whereas in respect of candidates possessed two years diploma with High School, the scale of pay is Rs. 4000-6000 with corresponding Grade Pay of Rs. 4200. In cases where the qualification possessed by Instructor is Three Year Diploma, the pay scale prescribed is Rs. 5000-8000 with corresponding Grade Pay of Rs. 4200. No such distinction existed in the earlier Rules of 1983. Petitioners, therefore, approached this Court with the grievance that their scale of pay ought to be at par with other Instructors notwithstanding difference in their educational qualification. Grievance in that regard was raised before this Court in writ petition no. 53679 of 2012, which came to be disposed of directing the Secretary of the Department concerned to examine such claim. Order passed by this Court on 19.10.2012 in the aforesaid writ petition is reproduced hereinafter:-

“Heard learned counsel for the petitioners.

The petitioners claim that they are working as Instructor in different Central Jails situate within the State of U.P.

It is contended that after enforcement of U.P. Karagar Prashasan Evam Sudhar Vibhag Pravidhik (Samuh 'G') Seva Niyamavali, 2011 (for short Rules 2011), two different pay scales have been prescribed for the post of Instructors and persons lesser qualified and junior to the petitioners have been placed in the higher pay scale, but the petitioners are placed in the lower pay scale for no rhyme or reason.

From a perusal of pleadings, it appears that petitioners have made representation with respect to their grievances and anomaly in accordance with Rule 2011.

Considering the facts, writ petition stands disposed of with the liberty to the petitioners to make a fresh individual representation with respect to their grievances before respondent no. 1, Secretary Jail, Government of U.P., Lucknow along with a certified copy of this order within a period of three weeks from toda