ABDUL SHAMAD KHAN; NARAYAN DUTT JOSHI; RAMESH CHANDAR UPRETI; RAJENDRA SINGH RAWAT; YESHPAL SINGH SAINI; MANGAT RAM; OMBHADUR JOSHI; BIRENDRA SINGH RAWAT; BASHNTI DEVI JOSHI; BHAWANI DEVI; GANGA SINGH Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) All the petitioners before this Court are the State Government employees of Uttarakhand and work in the Jail Department. The claim of the petitioners is that they are liable to be given the higher pay scale of Rs. 5,000-150-8000, which has not been given to the petitioners, hence the present writ petitions before this Court.

(2.) Since all these writ petitions raise a common issue, therefore, all these petitions are being heard and decided by this common judgment. For the sake of convenience, however, the facts of WPSS No. 103 of 2015 are being taken into consideration for the disposal of these matters with the consent of the parties.

(3.) The State Government has filed its counter affidavit (in WPSS No. 103 of 2015) wherein the stand of the State Government is that there were primarily three posts such as Jail Warder, Head Jail Warder and Chief Jail Warder in the erstwhile State of Uttar Pradesh. The next post of Head Jail Warder shall be filled in terms of seniority subject to the rejection or unfit. After creation of new State of Uttarakhand, in the new structure adopted in Uttarakhand, there is no post of Chief Jail Warder and therefore the petitioners are liable to be given the next higher scale of Sub Jailor i.e. Rs. 5,000-8,000.