HUKUM SINGH NEGI Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this writ petition, moved under Article 226 of the Constitution of India, the petitioner has sought writ in the nature of certiorari for quashing the impugned order dated 11 -12 -1998 passed by respondent no. 1. Also a mandamus has been sought for directing the respondents to revise the pay scales of the Operation Theatre Attendant w.e.f. 1 -1 -1986 in the scale of Rs.1200 -1800/ -

(2.) BRIEF facts of the case, as narrated in the writ petition are, that in the year, number of vacancies were notified by the respondent no. 4 for recruitment to the post of Class -III and Class -IV including the post of the Operation Theatre Attendant (for short O.T.A.) in Class -III category in the pay scale of Rs. 330 -495. The requisite qualification for O.T.A. was High School (Science) with six months practical experience in any private Hospital or Nursing Home. The petitioner who possessed the requisite qualification was appointed to the post of O.T.A. after being interviewed by the Selection Committee. There were other posts also of Medical Attendant and untrained Pharmacist in the pay scale of Rs. 330 -495. The requisite qualification for the Medical Attendant was Junior High School i.e. Class VIII without any requirement of training or experience. For the post of untrained Pharmacist the requisite qualification was High School in any subject without any requirement of experience or training. As against duties of Medical Attendants who merely assist Pharmacists in dispensing of medicines and help staff nurses in discharge of their duties. The duties of the post of O.T.A. includes fumigation of operation theatre, sterilization of illstruments, linen and gloves. Pursuant to the recommendation of the IV Pay Commission, the Government of U.P. had been pleased to revise the pay scales of all Government servants vide G.O. dated 3 -6 -1989 but the post of O.T.A. was not mentioned in it due to which respondent no. 4 erroneously fixed the revised pay of the petitioner in pay scale of Rs. 825 -1200/ - which is the pay scale of Class -IV category. The untrained pharmacists were allowed the pay scale of Rs. 1200 -1800. The lowest pay scale in Class -III according to said G.O. in 1989 was Rs. 950 -1500. Feeling aggrieved by the pay fixed b\' respondent no. 4 the petitioner filed a Writ Petition No. 38446 of 1997 before Allahabad High Court, seeking a direction against the respondents for fixing the pay In the scale of Rs. 1200 -1800. The Allahabad High Court disposed of the said writ petition on 19 -11 -1997 (copy Annexure 1 to the writ petition) with the direction to the respondents to fix pay scale according to rules. On the basis of said order of the High Court the petitioner moved a representation dated 1 -12 -1997 (copy Annexure -4 to the writ petition) before the respondent no. 4 for fixing the pay in the scale of Rs. 1200 -1800. Which appears to have been forwarded by the respondent no. 4 to respondent no. 1 who rejected the said representation vide order dated 11 -12 -1998 (copy Annexure -5 to the writ petition). It is alleged in the writ petition that the petitioner has been denied the pay scale arbitrarily due to him. Challenging the said order of the Government of U.P. the present writ petition has been filed.

(3.) ON behalf of the respondent no. 2, 3 and 4 counter affidavit has been filed in which it has been admitted that earlier the petitioner filed the writ petition no. 38446 of 1997 which was disposed of vide order dated 19 -11 -1997 by the said court. It is also admitted that on 1 -12 -1997 petitioner made a representation for fixing his pay in the scale of Rs. 1200 -1800 w.e.f. 1 -1 -1986. It is also admitted that by impugned order dated 11 -12 -1998 the Government of U.P. has rejected the said representation of the petitioner. It is also not disputed that before the new pay scales made applicable w.e.f. 1 -1 -1986 the pay scale of the both Medical Attendant and that of Operation Theatre Attendant was Rs. 330 -495/ -. But it is denied if the petitioner holding the post of O.T.A. was in Class -III. According to the respondents he was employee of Class -IV category.