JUDGMENT

[Per: Hon'ble Lok Pal Singh, J.]

By means of present writ petition, the petitioners seek following reliefs:

i) Issue a writ, order or direction in the nature of certiorari for quashing the decision taken by the Pay Anomaly Committee, State of Uttarakhand dated 17.01.2014.

ii) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to fix the basic pay of the petitioners at par with direct recruitsor with identically placed other employees from the date of their respective promotions on the post of Private Secretary, i.e., Rs.18750/- in the Grade Pay of Rs.6600/-, and consequentially grant the arrears of salary from the said date.

iii) Issue any suitable writ, order or direction which the Hon'ble Court may deem fit and proper in the circumstances of the case.

iv) Award the cost of the writ petition to the petitioners.

2. Factual matrix of the case, as narrated in the writ petition, are that the petitioners were initially appointed as Personal Assistant in the establishment of High Court of Uttarakhand in the pay scale of Rs. 6500-10500. Petitioner no. 1 and petitioner no. 2 were promoted on the post of Private Secretary in the pay scale of Rs. 10000 - 15200 on 24.12.2008 and 06.08.2009 respectively. In the meantime, State of Uttarakhand vide Government Order dated 17.10.2008, was pleased to revise the pay scales, as per recommendations of the Sixth Pay Commission. In the said Government Order, Pay Scales are segregated in different Pay Bands with different Grade pays. The pay scale of Rs. 10000 - 15200 was placed in Pay Band 3 with Grade Pay Rs. 6600. On promotion, the respondent no. 3 relying upon para 12 of the Government Order dated 17.10.2008 fixed the pay of the petitioners, less than minimum entry pay as applicable to the direct recruits.

3. Feeling aggrieved, petitioners moved a representation before the High Court, who, in turn, referred the matter to the State Government. The “State Pay Anomaly Committee" rejected the representation of the petitioners vide order dated 17.01.2014 and refused to grant minimum entry pay to the petitioners, as applicable to the direct recruits. Feeling further aggrieved, petitioners have approached this Court by way of filing present writ petition.

4. Learned counsel for the petitioners would submit that being a welfare state, the Government cannot create two entry pays in one pay scale, i.e., one for promotees and another for direct recruits, which is apparent violation of Article 14 and 39 (d) of the Constitution of India. The action of State Government is de hors the principle of ‘equal pay for equal work'. Placing reliance on the Government Orders dated 13.02.2009 and 11.09.2013. Learned counsel would further submit that vide order dated 13.02.2009 minimum entry pay is prescribed for direct recruits and vide Government Order dated 11.09.2013 Government was pleased to grant the minimum entry pay meant for direct recruit to those employees whose pay scales have been upgraded to that stage. Learned counsel would also submit that identically placed persons promoted prior to 17.10.2008 were getting pay of Rs. 25,200/- as minimum entry pay from the date of their respective promotions whereof in the pre-revised pay scale their basic pays were same as that of petitioners.

5. Learned counsel for the petitioners drew our attention towards the judgments of Hon'ble Delhi High Court dealing with the same controversy. A Division Bench of Hon'ble Delhi High Court in the WP (C) No. 7379 of 2017 (Union of India Vs. Shashi Kant and others) decided on 26.09.2017, relying on judgments of Hon'ble Apex Court was pleased to direct the respondents to fix pay of promotees at the level of minimum entry pay as applicable for direct recruits. He would further submit that after dismissal of appeal, Government of India, Ministry of Finance vide order dated 13.2.2018 (Annexure No. 4 to the Misc. Application) was pleased to grant minimum entry pay to promotees, as applicable to