PARESH TRIPATHI Vs. MAHESH CHANDRA SHARMA

JUDGEMENT

(1.) The instant Appeal was preferred by the appellant with an application for leave to appeal as the appellant not being a party in the writ petition, in which the impugned order dated 26.04.2018 has been passed and as the order being adverse to his interest, he has sought permission for leave to appeal, for the reason shown there in the application, the co-ordinate Bench on 25.06.2018 had granted leave to appeal.

(2.) The appellant herein the appeal, is the Chief Standing Counsel of the High Court of Uttarakhand at Nainital. He was representing the cause of the State in the writ petition, which has been preferred by the respondent Nos. 1 to 70. The writ petitioners respondents herein (hereinafter referred to be as petitioner Nos. 1 to 70) they had filed the writ petition, praying for that a writ of mandamus to be issued to respondents, directing for the payment of 'equal pay for equal work', and while paying the salary/wages to the petitioners they have prayed that they may be paid the same salary for the post held by them, at par with the regularly appointed incumbents on the said post i.e. the post of "Lab Assistants."

(3.) On the institution of the writ petition, the learned Single Judge of this Court admitted the writ petition vide its order dated 102018 directing the respondents to file counter affidavit by the next date fixed i.e. 19.04.2018.