AJAY KUMAR SINGH Vs. ZILA PANCHAYAT BAHRAICH

JUDGEMENT

(1.) The petitioner. Ajay Kumar Singh has invoked this Court's Jurisdiction under Article 226 of the Constitution of India praying for a writ of mandamus commanding the opposite parties to pay to the petitioner the salary in the pay-scale of Rs. 950-1,500 (revised as Rs. 3.050-4,590) for the post of Second Grade Clerk with effect from 24.6.1997.

(2.) The petitioner's contention is that he was appointed as Pound Keeper under the orders of Adhyaksh, Zlla Parlshad. Bahraich/Dlstrict Magistrate vide appointment letter No. Memo/Niyukti/Pound/Zi Pa/87 dated 11.8.1987 in the pay-scale of Rs. 225-475. He was promoted to the post of Tax Collector vide order dated 28.2.1995, issued by the Upper Mukhya Adhikari, Zila Parishad, Bahralch. He performed his duty to the utmost satisfaction of his higher authorities and never gave a cause of annoyance to any one. In the year 1997, a post of Second Grade Clerk had fallen vacant consequent upon promotion of one Layeek Ahmad to the post of Record Keeper. The petitioner, considering himself to be eligible for the said post, applied for consideration of his appointment to the said post. As the petitioner's work had always been satisfactory, the opposite party No. 2, namely, Adhyaksh, Zila Panchayat. Bahraich. on a recommendation of Mukhya Nagar Adhfkari directed that the petitioner be allowed to work on the post of Second Grade Clerk and in pursuance of the letter dated 24.6.1997, the petitioner on having resumed the charge, started functioning as Second Grade Clerk in the office of the Zila Panchayat. However, in spite of his devotional discharge of duty, he was not paid the salary admissible to the said post and when he repeatedly requested for payment of his salary in the pay scale of the post of Second Grade Clerk, he was informed that his promotion being subject to condition that he will get his salary admissible to him in his original cadre of Tax Collector, he was not entitled to the next higher pay-scale. It was also Informed to him that since he was still discharging his part-time duty as a Tax Collector, he would not get the pay scale of the post of Second Grade Clerk. The two fold reply of the opposite parties, as has been contended by the petitioner, is arbitrary, unjust and unreasonable and against the provisions of Article 39 (d) of the Constitution of India which provides equal pay for equal work for both men and women. When the petitioner's request in this regard failed to yield any result, the petitioner filed this writ petition.

(3.) The opposite parties filed their reply by means of counter-affidavit sworn by Layeek Ahmad Khan. Mukhtar-e-Aam of Zila Panchayat Bahralch. Mr. Khan asserted that the petitioner was allowed to work as Clerk as a stop gap arrangement but it was categorically provided that he would get the salary for his original post of Tax Collector. The post of Tax Collector was different from that of the Second Grade Clerk and since the petitioner had no lien in the cadre of Second Grade Clerk, he was not entitled to claim salary of the said post. It was also stated by Mr. Khan that the cadre of Tax Collector could not be merged with the cadre of Second Grade Clerk as it would have been against the departmental Rules and Regulations, As per Rules, the petitioner was entitled to get promotion to the post of Tax Inspector on fulfilling the eligibility criteria. For these reasons, it was prayed that the writ petition was liable to be dismissed.