N L JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Advocate Mr. R.K. Mishra for the petitioners, Mr.AJ Desai, learned Additional Standing Counsel for respondent NO.1 and Mr. Apurva Dave, learned AGP for respondents NO.2-4.

(2.) In this group, petitioners are praying for the following relief as per para 17(A) (B) (C) (D) (DD) and (E) of the petition being Special Civil Application NO. 1538 of 2007 :

(3.) Thus, as per prayer clause (A), petitioner is challenging the order of appointment issued in favour of the petitioner by the respondents on 28.12.2006 at Page-104 (Annexure-M).It is necessary to be noted that the petitioner has also challenged GR dated 16.2.2006 as violative of Article 14 and 16 of the Constitution of India. Petitioner is also praying that they are entitled for regular scale of Rs.3050-4590 alteration in condition of service is also challenged by the petitioners by fixing salary of the petitioner by order dated 28.12.2006 Annexure-N. Learned Advocate Mr. Mishra submitted that the order dated 28.12.2006 which has been issued by the respondents in favour of the petitioners is contrary to the GR dated 16.2.2006. He also submitted that it is also contrary to the spirit of GR dated 16.2.2006. He emphasized on the basis of the fact that under GR dated 16.2.2006, petitioners are entitled for five years continuous service in the fixed salary and thereafter, they are entitled for regular pay scale of the post but in this case, according to the learned advocate Mr. Mishra, each year, 11 months order has been issued in favour of the petitioners in fixed salary and, therefore, order dated 28.12.2006 is contrary to GR dated 16.2.2006. He also submitted that the Government of India is giving grant of the salary which has to be paid to the female health workers received from the Union of India in the year 2006-2007. He also submitted that in grant, there is no such provision which would require reduction of salary of female health worker. According to his submission,decision as per the GR dated 16.2.2006 is the decision of the Cabinet and not by the Secretary and therefore how the petitioner will approach the respondent Secretary" He has relied upon the decision of this Court in group of matters being Special Civil Application NO. 27444 of 2006 and allied matters decided on 9.1.2007 by this court and has placed reliance on para 9 which is reproduced as under: