The ACP scheme was compensatory and not based on the nature of duty, responsibility, or qualification of the government servant, and therefore, discrimination based on the practice of different streams of medicine was not justified.

JUDGMENT :

1. Heard Sri Avinash Tiwari, learned counsel for the petitioners and Sri Kuldeep Pati Tripathi, learned Additional Advocate General, assisted by learned Standing Counsel appearing for the State-respondents and perused the record with the assistance of the learned counsels for the parties.

2. Both the writ petitions are being heard and decided together on the consent of the parties.

3. The facts and questions of law arising in the writ petitions are identical.

4. The facts of Writ Petition No. 8366 of 2017 is being adverted to for the sake of convenience.

5. The petitioners are confirmed Class-II Officers on the post of Medical Officers (Ayurvedic); the first petitioner claims to be the President of Prantiya Ayurvedic Evam Unani Chikitsa Seva Sangh (for short ‘Association’) duly recognized by the second respondent, Principal Secretary, Department of Medical Education and Ayush (Ayush Anubhag-1), Civil Secretariat, Lucknow. Petitioners are working in the Pay-Scale at Rs. 15600-39100 and Grade Pay at Rs. 6600/-.

6. The instant petition is directed against the order dated 28.02.2017, passed by the first respondent, Principal Secretary, Department of Finance, Civil Secretariat, Lucknow, whereby, the representation of the first petitioner claiming the benefit of Dynamic/Special Assured Career Progression (for short ‘SACP’) Scheme made admissible to the Medical Officers of the Provincial Medical Health Services (for short ‘PMHS’), has been rejected. Further, a direction has been sought to grant the Medical Officers (Ayurvedic) the benefits of SACP w.e.f. the date it has been allowed to the Medical Officers of PMHS.

7. The facts, inter se parties, are not disputed.

8. The Medical Officers PMHS practice Allopathy stream of medicine. It appears that Medical Officers PMHS made a representation to the State Government for implementation of Dynamic ACP Scheme as made admissible to the Medical Officers under the Central Government. On considering their representation, the State Government vide order dated 14.11.2014, framed a scheme on the recommendation of the Committee. The SACP, primarily, provides that the Medical Officers PMHS would be entitled to upgradation of pay on completing 4, 11, 17 and 24 years of satisfactory service. The scheme was made applicable w.e.f. 01.12.2008. The relevant portion of the Government Order dated 14.11.2014, for the purposes of the instant writ petition, is extracted:

**¼1½ Áknsf'kd fpfdRlk ,oa LokLF; lsok ¼ih0,e0,p0,l0½ ds fpfdRldksa ds fy, dsUnzh; fpfdRldksa ds leku Mh0,0lh0ih0 dh O;oLFkk ykxw djus dk vkSfpR; ugha gSA

¼2½ ih0,e0,p0,l0 laoxZ ds fy, ,0lh0ih0 dh fof'k"V O;oLFkk fu/kkZfjr dh tk;sA rnuqlkj ,0lh0ih0 dh fof'k"V O;oLFkk ds vUrxZr ih0,e0,p0,l0 laoxZ ds ÁFke Lrj ds in ¼osrueku :0 8000&13500@& led{k osrueku@ iqujhf{kr osru lajpuk esa lkn`'; osru cS.M&3 ,oa xzsM osru :0 5400@&½ ij fu;qfDr dh frfFk ls fuEu rkfydk ds LrEHk&2 esa mfYyf[kr lsokof/k ij mlds lEeq[k LrEHk&3 ds vuqlkj oS;fDrd osru cS.M ,oa xzsM osru vuqeU; djk;s tk;s%&

9. The petitioners herein belong to a different stream of medicine i.e. Ayurvedic and are entitled to the General ACP Scheme applicable to all other government servants which was conferred by the Government Order dated 04.05.2010, wherein, upon stagnation on a post the government servant is entitled to upgradation of pay at 10, 18 an