HUKUM SINGH NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Whether the petitioner, Operation Theater Attendant, can claim parity of pay scale with the pay scale of Medical Attendant? Whether the petitioner is right in contending that grant of different scale of pay to Operation Theater Attendant is discriminatory and in violation of Articles 14 and 16 of the Constitution of India? These are the questions of law which arise for consideration in this writ petition.

(2.) This writ petition is filed seeking a writ of certiorari to set aside the Judgment and Order dated 13.10.2009 passed by the Public Services Tribunal, Uttarakhand at Dehradun in Claim Petition No.42 of 2009 'Hukum Singh Negi vs. State of Uttarakhand and two others'; a writ of certiorari to quash the order dated 05.10.2015 passed by respondents; a writ of mandamus commanding respondent Nos.1 to 4 to fix the grade pay of petitioner of Rs.2800/-, revised from time to time, as has been given to Medical Attendants in the State of Uttarakhand under the pay scale of Rs.5200-20200/-; further direct respondent Nos. 1 to 4 to pay arrears of salary by fixing the pay-scale of Rs.5200-20200 of Grade Pay of Rs.2800/- or of Rs.4200/- as has been given by the State of Uttar Pradesh to Sri Nag Dev Upadhyaya, Operation Theater Attendant, from the year 2000 with appropriate rate of interest to the petitioner; and a writ of mandamus commanding respondent Nos.5 to 7 to pay arrears of salary by fixing the Grade Pay of Rs.1200/- to Rs.1800/- from 01.01.1986 to 01.01.1996 and Grade Pay of Rs.2400/- from 01.01.1996 to 2000 with appropriate rate of interest to the petitioner.

(3.) In order to appreciate the issues involved in this writ petition, the relevant facts need mention infra.