HARIVANSH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Standing Counsel appearing for the respondents.

(2.) The petitioners are working as Store Keeper (Senior) in Medical Colleges in Uttar Pradesh. By G.O. dated 18-7-1974 pay scale of Rs. 230-385 was sanctioned for Store Keeper which was revised by order dated 1-7-79 as Rs. 430-685 but by mistake in the G.O. dated 12-10-82 the revised pay scale mentioned was Rs. 400-650. The petitioners represented for rectification in the pay scale to Director/respondent No. 2, who wrote a letter to respondent No. 1 on 29-1-98, copy of which has been filed as Annexure-4 to the writ petition, admitting that due to mistake in the Government orders the petitioners' are being paid lower pay scale whereas juniors to the petitioners are being paid lower pay scale. The Director wrote to State Government that the mistake be corrected and the pay scale of the petitioner's with effect from 1-7-79 be fixed at 430-685 and w.e.f. 1-1-86 in the pay scale of Rs. 1200-2040. No action has been taken even after three years.

(3.) The basic facts are not disputed in the counter affidavit. The allegation in paragraph 4 of the writ petition that it was due to mistake is admitted. What is stated in paragraph 7 that the direction of the respondent No. 1 is being awaited. More than three years have passed but the respondent has not passed any order even though it is not denied that the petitioners' are getting lower scale of pay due to mistake. It demonstrates complete lack of responsibility on the part of the Government. This is very shocking. Even the recommendation of rectification committee is in favour of petitioner. Yet no one in the Government is willing to pass the order. It is this attitude of the Government which is responsible for unnecessary litigation. In view of the admitted facts the petitioners are entitled for pay scale of Rs. 430-685 w.e.f. 1-7-79 and pay scale of Rs. 1200-2040 w.e.f. 1-1-86.