HIGH COURT OF UTTARANCHAL AT NAINITAL (Court’s order whether the case is or not approved for reporting.) (Chapter VIII Rule 32 (2)(b) Description of the case. W.P. No. 3322 of 2001 (S/S) Sri Chandra Shekhar Satyawali vs. State of U.P. & others. Approved for reporting. Not approved for reporting Date of decision 4.6.2004. Initial of Judge HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 3322 (SS) of 2001 Sri Chandra Shekhar Satyawali ….…. Petitioner Versus State of U.P. & others ……….Respondents Sri Manoj Tiwari, Advocate for the petitioners Standing Counsel for the respondents. Dated: 4.6.2004 Hon’ble Rajesh Tandon J. Heard the learned counsel for the parties at length. By the present writ petition, the petitioner has prayed for the issue of a writ in the nature of mandamus commanding the respondents to remove the disparity in the pay scale for the post of Plant Protection Mechanic and Field Mechanic serving in the Agriculture Department of the State Government. According to the petitioner he was appointed on regular basis on the post of Plant Protection Mechanic in the Plant Protection Section of Agriculture Department on 16.10.1975. The petitioner has stated that earlier, the mechanics serving in the Agriculture General or Plant Protection Section of the Department were being paid salary in the scale of Rs. 75-120 up to the year 1964. In the year 1966, the Finance Department of the State Government issued one G.O. dated 28.2.1966 which provided that such Mechanics who possessed High School qualification along with I.T.I. certificate shall be paid the pay scale of Rs.120-220 and those who do not possess the said qualification shall be given the pay scale of Rs.100-180. The petitioner has stated that he was appointed against the post of Plant Protection Mechanic which was created vide G.O. dated 19.4.1975 and the pay scale of said post was 230-300. According to the recommendation of Samta Samiti U.P. 1989 a number of posts which required higher degree of skill wre given the pay scale of 975-1660. The petitioner has further stated that pay scale for the post of Mechanic in the Agriculture Department was fixed as 975-1660 and no distinction was made between the mechanics serving in the Plant Protection Section and the Agriculture General Section as per G.O. dated 9.8.1989. The grievance of the petitioenr is that despite the categorical stipulation made in the G.O. dated 9.8.1989 the pay scale of 950-1500 was given to the petitioner for the post of mechanic in Plant Protection Section of Agriculture Department while the Mechanics serving in the Agriculture General section were given the pay scale of Rs.975-1640. The revised pay scales were given to all State Government employees from 1.1.1986. The petitioner has submitted that a similar writ petition has been decided by Hon. Mr. Justice I.P. Vashisth of Allahabad High Court in Writ Petition No. 4985 (SS) of 1993 (Ram Sewak Dwivedi vs. State of U.P. and others) and pursuant to the said judgment, the pay of Sri Ram Sewak Dwivedi and one Sri Sayyed Rasheed Ahmad was fixed in the pay scale of 120-220 with effect form the date of their appointment in the year 1972 and further pay scale of 975-1660 was granted to them form 1.1.1986. The petitioner also annexed a copy of the order in relaton of Sri Saiyad Rasid Ahamad. The petitioner has also placed reliance to the Office Memorandum dated 24th September 1999 which is annexed as RA-03 with the writ petition, issued by the Joint Director of Agriculture, Lucknow. The relevant paragraph of the said office memorandum is quoted below: lanfHkZr fjV ;kfpdk ij ek0 mPp U;k;ky; ds fu.kZ; fnukad 8-4-1997 dk ifjikyu lqfuf’pr fd, tkus ds lEcU/k esa 'kklu ds vkns’k fnukad 18-6-99 ds ifjikyu esa rRdkyhu mi funs’kd ¼d`f"k j{kk½ mRrj izns’k y[kuÅ ds fu;qfDr vkns’k 3351@rhu&7@d`0j0 fnukad tqykbZ 1972 esa mfYyf[kr osrueku 80&3&95 n0jks0 3&110 n0jks0 3&140 dks vkaf’kd :i ls la’kksf/kr djrs gq, mDr osrueku ds LFkku ij osrueku 120&6&150 na0jks0 6&180 n0jks0 8&220 fd;k tkrk gSA ;g la’kks/ku vkns’k dsoy osrueku dh lhek rd gh la’kks/ku le>k tk,A The learned counsel for the petitioenr further placed reliance on the Government Order dated 25th July 2002. It has been provided in the G.O. that pay scale of 120-220 be given to the post of Krishi Raksha Yantrak for which educational qualification is High School and I.T.I. diploma. The relevant extract of the G.O. is quoted below: mi;qZDr fo"k;d vius dk;kZy; ds i= la[;k 192 d`-j-;k- fnukad 23-4-2002 dk d`Ik;k launHkZ xzg.k djsa ftlds }kjk d`f"k j{kk ;kf=dksa ftudh ;ksX;rk gkbZ Ldwy ,oa vkbZ0Vh0vkbZ0 fMIyksek gS dks osrueku 80&140 ds LFkku ij oXkZ 3 ds lerqY; osrueku 120&220 esa la’kks/ku djus gsrq 'kkldh; vuqefr iznku fd;s tkus dk vuqjks/k fd;k x;k gSA -------------------------- -------------------------------------------------- mi;qZDr of.kZr rF;ksa ds ifjiz{; esa vkils vuqjks/k gS fd d`Ik;k d`f"k j{kk ;kaf=d laoxZ esa dk;Zjr deZpkfj;ksa esa ls gkbZ Ldwy ,oa vkbZ-Vh-vkbZ- 'kSf{kd vgZrk izkIr deZpkfj;ksa dh in dk osrueku 80&140 ds LFkku ij oxZ 3 ds lerqY; osrueku la’kksf/kr djus ds lanHkZ esa ale; le; ij fuxZr vkns’kksa ds vuqikyu esa mDr dfeZdksa dks osrueku fn;s tkus ds lEcU/k esa dk;Zokgh vius LRkj ls lqfuf’pr djsa ,oa d`r dk;Zokgh ls 'kklu dks voxr djk;saA The petitioner has submitted that he has made a representation to the respondents on 28.4.2001, copy of which is annexure-8 to the writ petition but the said representation has not been decided by the respondents till now. The respondents are directed to decide the representation of the petitioner in the light of the office Memorandum dated 24th September 1999 and G.O. dated 25th July 2002, with a reasoned order within one month after the receipt of the certified copy of this order. Consequent, to the above observations the writ petition is disposed of. No order as to costs. (Rajesh Tandon J.) 4.6.2004 *Dhyani