STATE OF UTTAR PRADESH Vs. RAMASHYRAYA YADAV

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the judgment of the Division Bench of the Allahabad High Court dated 2-2-1995 dismissing the petitioners' appeal and affirming the decision of the learned single Judge in Civil Misc. Writ Petition No. 32001 of 1992. This is a glaring instance of abuse of judicial process which is partly due to inaction on the part of the State authorities.

(3.) The respondents had been appointed as Investigators-cum-Computer on a fixed remuneration of Rs. 400/- per month by order dated 17-9-1986, such posts having been created under the temporary scheme only up to 28th of February, 1987 in 15 districts of Uttar Pradesh. While selecting persons for filling up those purely temporary posts apart from considering the cases of names which were sponsored by the employment exchange, the appropriate authority of the Animal Husbandry Directorate received about 208 applications directly and finally selected 44 persons among them. The Government having come to know of the irregularity as stated above canceled the appointments by order dated 6-3-1987 and called upon the authorities to select persons in accordance with the procedure prescribed. The appointee-respondents moved the Allahabad High Court against the order of cancellation alleging having joined, the order is bad in law. The High Court passed an interim order on 14-8-1987 allowed continuance of the respondents. Though the State appeared in said proceedings and filed application for vacation of stay, stay order has not been vacated and the respondents are continuing as such. In the meanwhile the respondents filed another writ petition claiming that they are entitled to the same salary as the Investigators-cum-Computer are getting in the Animal Husbandry Department particularly when they are discharging the similar duties as those of the regular employees, obviously invoking the principle of 'equal pay for equal post'. Though the State Government was noticed in that proceeding but no counter-affidavit was filed. Therefore the learned single Judge allowed the writ petition by order dated 3-3-1994 granting the regular pay scale of Rs. 1200-2040 to the respondents. The State filed a special appeal before the Division Bench, and by the impugned judgment the special appeal having been dismissed, the present appeal by special leave has been filed in this Court.