1. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition No. 937 of 2025 (SS) alone are being considered and discussed.

2. Petitioners were appointed to the post of Health Worker (Female) in Medical and Health Department of the State in different years, after selection held pursuant to advertisements issued in the years 2016, 2018, 2022 and 2024.

3. In the advertisements, pursuant to which petitioners applied, it was clearly mentioned that the post of Health Worker carries Pay Scale of Rs. 5200-20200, (Pay Band-1) Grade Pay Rs. 2000/-.

4. Petitioners were offered appointment as Health Worker in the pay scale mentioned in the advertisement. According to them, after serving as Health Worker in the department for few years, they realised that few persons serving as Health Worker are getting salary in Grade Pay of Rs. 2800/- and upon enquiry, it was revealed that only those who were appointed as Health Worker upto 2013, are getting Grade Pay of Rs. 2800/- and others who were appointed after enforcement of Recruitment Rules in 2016, are getting salary in Grade Pay of Rs.2000/-.

5. According to petitioners, as they possess same qualification and are discharging similar duties as discharged by Health Workers appointed upto 2013, therefore there is no reason whatsoever for paying lesser Grade Pay to them. It is further contended that State Government cannot create a sub class within a class unless there is a rational, justifiable basis for providing different Grade Pay to Health Workers.

6. Reliefs sought by petitioners in Writ Petition (SS)No. 937 of 2025 are extracted below:

“I. Issue an order or direction summoning the relevant records from the office of the respondent no.1; and issue a writ in the nature of Mandamus declaring the Government order dated 02- 05-2013 as also serial nos. 1 & 2 of the Appendix-'Kha' of Rule 21 (2) of the Service Rules, 2016, as arbitrary and illegal and violative of Article 14, 16, 38 (2) and 39 (d) of the Constitution of India, contained in Annexure no. 1 & 6-A to this writ petition.

II. Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 02-05-2013, issued by the respondent no. 1, contained in Annexure-1 to this writ petition.

III. Issue a writ, order or direction in the nature of Mandamus, declaring that the petitioners are legally entitled to get the pay scale of Rs.5200-20200 with Grade pay of Rs. 2800/- from the date of their initial appointment on the post of Health worker (Female).

IV. Issue a writ, order or direction in the nature of Mandamus, declaring that the action of the respondent no.1, namely, Principal Secretary, Department of Medical, Health and Family Welfare of the State not to grant grade pay of Rs.2800/- to the petitioners amounts to hostile discriminations against the petitioners, which is violative of Article 14 and 16 of the Constitution of India.”

7. Petitioners have thrown challenge to Government Order dated 02.05.2013 and Appendix-B of the Recruitment Rules applicable for the post of Health Worker/Health Supervisor, notified on 26.07.2016, which are enclosed as Annexure-1 and Annexure-6A respectively to the writ petition.

8. Perusal of Government Order dated 02.05.2013 reveals that Health Workers serving in erstwhile State of Uttar Pradesh filed Writ Petition No. 15904 of 1983 (Shiv Charan Lal Kushwaha and another Vs. State of U.P. and others), claiming revision of pay scales and that writ petition was decided in their favour. In terms of judgment rendered in that writ petition, pay scale of Health Worker was revised vide Government Order dated 16.07.2010. Thereafter, another Government Order was issued on 02.05.2013 whereby earlier Government Order was modified and approval of the State Government was granted for releasing difference of salary to pe