GOPAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) V. M. Sahai, J. The petitioner was initially appointed as Plant Helper in Public Works Department (in brief PWD) in pay scale of Rs. 750-940 on 1-1-1988. After two years of service he was promoted on 2-1-1990 as Generator Operator as he held diploma in electronics. But he was plant the same pay scale which he was getting as Plant Helper. He made repre sentation that since Generator Operator in irrigation and health department were being paid pay scale Rs. 950-1500 there fore, the petitioner too was entitled for same pay scale. On 16-4-1994 the Execu tive Engineer sent a letter to the Superin tending Engineer for grant of higher scale. The Superintending Engineer in his turn on 17-5-1994 recommended to the Chief Engineer PWD for grant of the pay scale, as was claimed by petitioner. But when nothing was done the petitioner ap proached this Court by way of Writ Peti tion No. 32438 of 1997 which was disposed of on 24-3-1998 directing the concerned Executive Engineer to decide the repre sentation. In pursuance of this order the Executive Engineer passed the impugned order dated 1-12-1998. He held that the pay scale of Generator Operator in PWD department being Rs. 750-940 only, the representation was liable to be rejected.

(2.) I have heard the learned Counsel for the petitioner and learned standing Counsel for the respondents. The allegations in paragraphs 22 to 24 of the writ petition read as under: "22. That the petitioner was initially ap pointed on the post of plant helper in the Basic pay scale of Rs. 750 to 940 after a completion of 2 years services and after considering the good work and record of the petitioner the respon dents promoted the services of the petitioner on the post of Generator operator. It is further submitted that the basic pay scale of plant helper is 750 to 940 in the above circumstances. If the pay scale of Generator operator is shown by the respondent in basic pay scale of 750 to 940 is also arbitrary and illegal manner because after promotion the pay scale is also become higher in the matter of petitioner the respondents are illegally showing the basic pay scale of Rs. 750 to 940 in "place of 950 to 1500 because the promo tion post always carried the higher pay scale thus the version of the respondents are totally malafidy and illegal. 23. That the Government order No. 4706/e. G/23/pwd 5-100 (18) Eng. /89 8-12-1989 is also illegal in the manner because the initial post bear the minimum pay scale of Rs. 750 to 940 but after being promoted petitioner is not being paid by the department in the pay scale of Rs. 950 to 1500 and he is being deprived by the same. 24. That in the same department the salary of the Generator Operator is 950 to 1500 and this facts can also be verified through the appointment letter issued by the Executive En gineer E/m. Division PWD Haldwani (Nainital) but the petitioner is being discriminated by the department. A true copy of the appointment letter is being filed herewith and is marked as Annexure 8 to this writ petition. " In paragraph 13 of the counter-af fidavit the allegations in paragraphs 22 and 23 of the writ petition are replied as under:- "13. That the contents of paras 22 and 23 of the writ petition as stated are not admitted. It is stated that the petitioner is being paid the pay scale in accordance: with the provision of the Government order dated 8-12-98 which is ap plicable through out the State in PWD depart ment, hence there is no violation of any Article of the Constitution of India amongst the similar ly situated persons in the department. "

(3.) ANNEXURE 8 to the writ petition is not disputed. The department admittedly wrote to the Chief Engineer to consider the case of the petitioner and grant him same pay as was being paid in other depart ments. In absence of any other scale of pay for a Plant Helper promoted as Generator Operator it would be unreasonable and un fair to deny higher scale of pay to the petitioner. Promotion implies better scale. Once it is admitted that the petitioner was promoted it was obligatory on respondents to pay him higher scale. Since the only higher scale is Rs. 950-1500 and it is being paid to Generator Operators of other departments it is just and fair that Generator Operators in PWD department should be paid same scale. Further the allegations that Gener ator Operator of PWD in Haldwani was getting scale of Rs. 950-1500 having not been denied, it is arbitrary to deny same scale to petitioner, as respondents have failed to bring on record any justification for this discrimination.