JUDGMENT : (per Mr. Subhash Upadhyay J.)

1. This intra-court appeal is directed against the judgment and order dated 07.07.2022 passed by the learned Single Judge in WPSS No.1733 of 2016, ‘Madhav Prasad Dobhal and another Vs. State of Uttarakhand and Others’ whereby the writ petition filed by the respondents /writ petitioners challenging the Government Order dated 17.12.2015 was allowed and directions were issued to the appellants to pay the respondents/writ petitioners who were working as Lab Technicians the revised pay-scale of ₹9300-34800(Grade Pay ₹4200) as was being paid to the Dental Hygienist w.e.f. 15.04.2010.

2. The brief facts, which led to the filing of the writ petition by the respondents/writ petitioners, are that respondent no.1 and 2 were appointed as Lab Technician in the Medical Health and Family Welfare Department on 22.12.1977 and 05.01.1989 respectively. They claimed pay parity with the X-ray Technician and Dental Hygienist working in the same department on the ground that the educational qualification and the work performed by them was similar to that of X-ray Technician and Dental Hygienist.

3. It was the case of the respondents/ writ petitioners that under the 5th Pay Commission and 6th Pay Commission i.e. with effect from 01.01.1996 and 01.01.2006, the pay-scale of Lab Technician and X-ray Technician was similar whereas the Dental Hygienist were placed in the lower pay-scale, however, w.e.f. 15.04.2010 the Dental Hygienist were placed in the higher pay-scale. Later on, the X-ray Technician were also given the higher pay-scale w.e.f. 01.09.2010, however, the pay-scale of the Lab Technician was not revised.

4. The pay-scale of Lab Technician, X-ray Technician and Dental Hygienist w.e.f. 01.01.1996, 01.01.2006, 15.04.2010 and 01.09.2010 is detailed in the chart below:

5. It was the case of the respondents/ writ petitioners that the Lab Technicians working in the Government Medical College Haldwani and the SGPGI Medical College, Lucknow were also getting pay scale of ₹9300-34800(Grade Pay ₹4200) whereas the Lab Technicians working in the Medical Department were discriminated and the representation submitted by the Lab Technicians was not considered by the appellants.

6. It appears that when the grievance of the Lab Technicians was not redressed then a WPSS No.118 of 2013 was filed by some of the Lab Technicians wherein directions were issued to consider their case for grant of revised pay-scale, however, their representation was rejected vide order dated 28.03.2013 by the Principal Secretary, Medical Health on the basis of the order dated 19.07.2012 passed by the Secretary (Finance).

7. The said orders were put to challenge by certain Lab Technicians in WPSS No.811 of 2013, ‘Pawan Kashyap and Others Vs. State of Uttarakhand and Others’. The said writ petition filed by Shri Pawan Kashyap and other Lab Technicians was allowed on 04.06.2014 whereby the impugned orders were quashed and directions were issued to grant pay-scale of ₹9300-34800(Grade Pay ₹4200) to the Lab Technicians as being given to the Dental Hygienist w.e.f. 15.04.2010.

8. The said order dated 04.06.2014 was challenged in SPA No.43 of 2015. It appears that during the pendency of the special appeal a Government Order dated 17.04.2015 was issued whereby pay-scale of Lab Technician was upgraded to ₹9300-34800(Grade Pay ₹4200) in purported compliance of the order dated 04.06.2014 passed by the writ court. However, benefit of the said pay-scale was provided to the Lab Technicians with immediate effect rather than providing the said pay-scale w.e.f. 15.04.2010.

9. Afte