KUSUM LATA Vs. DIRECTOR OF FACTORIES KANPUR

JUDGEMENT

(1.) By means of the present writ petition, the petitioner has prayed for the issue of a writ, order or direction in the nature of mandamus commanding the respondents to fix the salary of the petitioner in accordance with the provisions of Rule 3-A of the U.P. Factories Welfare Officers' Rules, 1955 w.e.f. January 1, 1986. The petitioner has further claimed a writ of mandamus commanding the respondents to pay the entire arrears of salary including difference of salary, as fixed by the respondents and as claimed by the petitioner together with 18% interest per annum. The petitioner has also prayed for declaring the order dated July 28, 1990/March 10, 1990 fixing the pay of the petitioner w, e.f. February 27, 1990 as illegal, null and void.

(2.) Brief facts giving rise to the present writ petition according to the case of the petitioner's husband are that the petitioner's husband was appointed as a Labour Welfare Officer, Grade II in the respondent-Sugar Mill. On September 10, 1973, the grade of the husband of the petitioner was revised consequent upon the revision of pay scales and again, it was revised on September 4, 1980.

(3.) The husband of the petitioner was promoted as a Grade I Labour Welfare Officer on May 7/15, 1985. The grievance of the husband of the petitioner is that on February 27, 1990 the State Government amended the Rule known as U.P. Factories Welfare Officers' Rules, 1955 and the pay scales were drastically revised to the extent that for Labour Welfare Officer, Grade I, the pay scale was revised to Rs. 3000-100-3500-125-4750 w.e.f. January 1, 1986. Further the grievance of the husband of the petitioner is that the revised Grade has not been paid to him.