RAM LAKHAN Vs. STATE OF U P

JUDGEMENT

(1.) Present writ petition has been filed by petitioners for quashing of the order dated 26/10/2002 passed by Chief Secretary Government of U.P. at Lucknow rejecting the demand of petitioners for according them salary as is admissible to Surveyor/Assistant Surveyor of other department and further prayer has been made that a writ in the nature of mandamus be issued directing respondent No. 1 to publish Surveyor Service Rules of Irrigation Department ignoring the order dated 13/2/1998 wherein post of Surveyor/Assistant Surveyor has been declared to be dead cadre.

(2.) Brief background of the case is that petitioners were appointed somewhere in the year 1983 to 1985 on the post of Surveyor/Assistant Surveyor in Tubewell Division of Irrigation Department. Petitioners have come out with the case that qualification, source of selection, nature of work/duty obligation are similar to the work and conduct of Surveyor/Assistant Surveyor of other Department of the Central and State Government. In this background on the basis of equal pay for equal work, similar salary should be made admissible to petitioners also. Petitioners have contended that Surveyor Association espoused the said case before Samta Samiti in the year 1989 and Samta Samiti submitted its report to the Chief Secretary in the year 1989 recommending therein to remove the anomalies in pay of Surveyor/ Assistant Surveyor of the Irrigation Department for paying similar pay of the other Department of Central Government and State Government. It has been stated that thereafter on the said recommendation of the Samta Samiti and on the basis of direction of Chief Secretary of Samiti, Pay Scale Committee was constituted on 19.8.1990 comprising of Chairman-Chief Engineer (Nalkoop-World Bank); Sanyojak Sadasya, Staff Adhikari (Nalkoop- World Bank) and Member- Staff Adhikari. Said Committee asked PramukhAbhiyanta (Engineer in-Chief) Irrigation Department to submit its report and on 5.4.1991, State Government asked the Pramukh Abhiyanta (Engineer in-Chief) Irrigation Department for removing anomalies in pay scale of Surveyor/Assistant Surveyor of Irrigation Department. Pay Scale Committee submitted its report wherein it has been stated that qualification, work and duties of the Surveyor/Assistant Surveyor of Irrigation Department are similar to other Department of the Central Government and Forest Department of State of U.P. and said report was sent to State Government on 12.4.1991 for providing Government acceptance. On 10.3.1995 Joint Secretary, Irrigation Department also called the proposal of pay scale for Surveyor/ Assistant Surveyor. It has been stated that thereafter it was resolved for publication of Surveyor/Assistant Surveyor Service Rules of the Irrigation Department. Petitioners have further contended that pursuant to same recommendation dated 10.5.1995 was sent. Petitioners have further contended that in spite of said recommendation being made nothing was done and in between decision was taken to declare the post of Surveyor/Assistant Surveyor as dead cadre on 13.2.1998. Petitioners have further stated that as nothing was being done, Civil Misc. Writ Petition No. 10687 of 2002 (Ram Lakhan and others v. State of U.P. and others) had been filed and said writ petition has been disposed of vide judgment and order dated 19.3.2002 with a direction that Chief Secretary to decide the matter. Petitioners have further contended that thereafter detailed representation was moved and order dated 26.10.2002 has been passed rejecting the claim of the petitioners.

(3.) Counter affidavit has been filed and therein stand has been taken that pursuant to order dated 19.3.2002 passed by this Court matter was taken up by Chief Secretary of Government of U.P. and decision was taken on 26.10.2002. Details have also been given that for carrying survey work, Surveyor/Assistant Surveyor have been inducted and accepting the eligibility criteria, subsequent to the same decision has been taken on 13.2.1998 for declaring the said cadre as dead cadre. Details have also been furnished that functioning of Surveyor of the Irrigation Department is altogether different to the functioning of Surveyor of other department and as far as posts which are available in the Irrigation Department of Surveyor/Assistant Surveyor in the State of U.P. there is no corresponding post available in the Central Government and in this background on the*basis of recommendation made by Samta Samiti w.e.f. 1.1.1986 as per Sambadh pay scale (attached pay scale), has been accorded and same has been revised. Details have also been given as to under what circumstance decision was taken to declare the cadre in question as dead cadre.