Neutral Citation No. - 2021:AHC:94044 (AF.R.)

Court No. - 5 Case :- WRIT - A No. - 20277 of 2019 Petitioner :- Sushil Kumar Gautam And 16 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- B.S. Pandey Counsel for Respondent :- C.S.C.

Hon'ble Saral Srivastava,J.

1. The petitioners by means of present writ petition have prayed for the following relief:-

"(i) Issue writ, order or direction the nature of mandamus directing the respondents to grant sanction upgrading the petitioners' grade pay from Rs.1800/- to Rs.1900/- w.e.f. 16.11.2011 when the Mates of P.W.D. and other departments were extended the benefits of grade pay Rs.1900/-.

(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, Irriga