STATE OF U.P. THROUGH PRINCIPAL SECRETARY, Vs. RAM SINGH S/O SRI DUNGER SINGH MEHTA AND STATE PUBLIC SERVICES TRIBUNAL

JUDGEMENT

(1.) BY means of this petition, the petitioners have sought writ in the nature of certiorari quashing the impugned judgment and order dated 16.12.1996, passed by State Public Services Tribunal, Lucknow, in Claim Petition No. 56 of 1996, whereby said Tribunal has directed the petitioners to pay respondent No. 1 pay scale of Rs. 1200 -2040, applicable to the Avar Varg Sahayak and, thereafter, pay scale of Rs. 1600 -2660 for the period he has performed the work of Personal Assistant.

(2.) HEARD learned Counsel for the parties and perused the affidavits filed on their behalf.

(3.) IT appears that respondent No. 1 was engaged on daily wages in the Planning Department and his services were terminated in the year 1992. He filed a Writ Petition No. 5203 of 1992 (S/B) before the Lucknow Bench of the Allahabad High Court and after obtaining stay order continued to work. The said writ petition was later transferred to this Court and re -numbered as Writ Petition No. 418 of 2003 (S/B), which was disposed of vide order dated 22.02.2006, directing the present petitioners to decide representation of the claimant [petitioner in Writ Petition No. 5203 of 1992 (S/B) (New No. 418 of 2003 (S/B)] and permitted the petitioner (present respondent No. 1) to work on Class -III post. Meanwhile, the present petitioners filed their written statement before the Tribunal and pleaded that claimant (present respondent No. 1) engaged on daily wages on 20th August 1990 for a period of 120 days and, thereafter, his services were extended for a period of further 90 days. Thereafter, he worked under the interim order dated 04.08.1992 passed by the Allahabad High Court and remained on daily wages. It is also pleaded that Dharmendra Joshi with whom the parity was claimed by the claimant was also getting salary only under the interim orders of the High Court. The Tribunal after hearing the parties applying the principle of 'equal work equal pay' allowed the claim petition and directed the respondents to pay the claimant pay scale of Rs. 1200 -2040 for the period he worked as Avar Varg Sahayak and, thereafter, pay scale of Rs. 1600 - 2660 for the period he was performing duties of Vyaktik Sahayak.