LAWS(SC)-1997-10-38

STATE OF UTTAR PRADESH Vs. MINISTERIAL KARAMCHARI SANGH

Decided On October 15, 1997
STATE OF UTTAR PRADESH Appellant
V/S
MINISTERIAL KARAMCHARI SANGH Respondents

JUDGEMENT

(1.) The members of the respondent-Association who were appointed in the Directorate of Information after 1-4-1965 moved the Allahabad High Court (Lucknow Bench) for the issue of writ of mandamus directing the appellant to give them pay scale of Lower Division and Upper Division Assistants at par with employees working in the Secretariat, U.P.

(2.) The High Court accepting their prayer issued a writ of mandamus directing the appellants to give the pay scale as prayed for in writ petition. Aggrieved by that, the present appeal is filed by special leave.

(3.) Before 1-4-1965, the ministerial employees of the Directorate of Information and U.P. Secretariat were in the same pay-scales because there was a joint set up of the Directorate of Information and U.P. Secretariat. The Government of U.P. appointed a Committee on 13-7-1964 for rationalization of pay-scales and other conditions of service of various grades of State Government employees. One of the recommendations of the said Committee was that the pay scales for the employees of the Directorate of Information should be like the pay scales of the employees working under other heads of Department. This recommendation was accepted and give effect to by the Government w.e.f. 1-4-1965. Consequently, those who were appointed subsequent to 1-4-1965 in the Directorate of Information were paid in the revised pay scale which was not the same as given before but something less than what it was before 1-4-1965. At the same time, the employees who were already there in the Directorate and appointed before 1-4-1965, their pay scale was protected.