ANIL KUMAR SAXENA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In the undivided State of Uttar Pradesh, as it then was, there was only one Government aided polytechnic, which was constituted and completely funded by the State Government from the State exchequer, which was named as K L Polytechnic, Roorkee, District Haridwar. The petitioners, who are Group-D employees, of the said Government aided Polytechnic, have filed the present writ petition, initially praying for quashing of the Government Order No.143(1)/XLI-1/2015 dated 23.02.2015, as was issued by respondent no.1, and also a prayer for a writ of mandamus was sought, seeking a direction to the respondents to grant to the petitioners a Grade Pay of Rs. 1800/- to the petitioners also w.e.f. 01.01.2006; under the same principle, modalities and foundation, as it has been granted to the Group D employees of the Government and to similar other Government aided institutions of the State. The petitioners have further prayed for a writ of mandamus to grant the benefit of the Assured Career Progression Scheme, in an identical matter as it has been extended to the Group D employees of the Government and to the other Government aided institutions. It was under that backdrop, when there was a tacit denial for the grant of a parity of the Grade Pay; as was being similarly paid to the other State Government Group-D employees and to the other State Government aided educational institutions. There was a sense of discrimination and deprivation, which the petitioners faced because their sole ground was that once the status of the petitioners' institution is that of a Government aided institution and it was completely financed by the State. In that eventuality, there cannot be any hostile discrimination for non extension of the aforesaid benefits of revised pay scale and ACP, as it has been extended to the other State Government and the other Government aided institutions Group-D employees. They submitted that since there is no distinction in the service conditions, the mode of appointment, the nature of responsibility discharged by them and even their status of being an aided institution being the same, the artificial distinction, which had been made by the respondents was arbitrary and violative of Article 14 of the Constitution of India and hence, the writ petition was preferred with the following backdrop and reliefs:-

(2.) The petitioners have come up with the case, that the petitioner no.1, who was appointed as regular Group D employee, Parichalak/Peon in the institution of respondent no.2, vide letter of appointment, which was issued in his favour on November 1989. He joined his duties, and later on, owing to satisfactory services rendered, his services stood confirmed with effect from 19.12.1999. Similarly, the petitioner no.2 too was also appointed, as Group D employee on 13.03.2013 and on successful completion of probation period his services too stood confirmed with effect from 09.02.2016.

(3.) The cadre of Group D employees of the Government aided institution of respondent no.4, which are sanctioned and created by the State and the service condition of its employees, were being regulated by the Rules as was notified by the State Government vide its Gazette Notification dated 19.07.1997; called as U.P. Pravidhik Shiksha Institution Receiving Grand-In-Aid From the Government Regulations, 1996. Being the statutory service regulations, which was formulated by the State Government in pursuance to exercising its powers vested in it under Section 23 of the Uttar Pradesh Pravidhik Shiksha Adhiniyam 1962, to be read with Section 21 of the U.P. General Clauses Act 1904, having acquired the said status of being the Government aided Polytechnic and since the service conditions of the petitioners, were governed by statutes of the State Government framed under an Act, the contention of the petitioners is that the respondents cannot and ought not to have created any distinction or much less an artificial distinction, in the extension of the service benefits viz. the pay scale, dearness allowance, gratuity pension, family pension, revision of scale, ACP, etc. as was payable to the other Government aided institution employees.