M D JOSHI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE petitioner, M. D. Joshi is Stenographer In the office of the Registrar, Co-operative Societies and he seeks a writ of certiorari to quash the Government order dated 15th June, 1982, Annexure- V and a writ of Mandamus to command the opposite parties to allow him the scale of pay recommended by the pay Commission appointed by the State Government which submitted its report in the year 1979-80. In making these prayers the petitioner invokes Articles 14, 16 and 39 (d) of the Constitution. THE petition was originally filed by 24 persons. When it came up before a Division Bench on 19th July, 1982 all the petitioners, except petitioner no. 1, withdrew from the petition and a statement to that effect was made by the learned counsel for the petitioners which is incorporated on the reverse side of page 1 of the petition. THE same day the Bench directed deletion of the names of the petitioners 2 to 24 from the array of petitioners. Subsequently CM.A. No 6096 (w) of 1985 was moved on behalf of 22 persons for their impleadment in the petition as petitioners 2 to 23. Out of these 22, 18 were those who were petitioners in the petition as originally filed but withdrew therefrom subsequently. THE application was, however, rejected by court's order dated 11th July, 1985. THE petition, therefore, survives at the instance of one person only, namely M. D. Joshi. Now a few facts necessary for the disposal of the petition may be noticed.

(2.) GIVING historical perspective of the pay scales of Stenographers and Head Clerks in Non-Secretariat Offices, the petitioner points out that prior to 1965 Stenographers drew salary in higher scale than the scale in which the Head Clerks drew salary but now the position is just the reverse. It is pointed out that prior to 1965 the scale of pay of Stenographers was Rs. 100-240 while that of Head Clerks it was Rs. 80-240. However, the Head Clerks additionally get special pay at the rate of Rs. 30/- per month. This additional payment was not admissible to Stenographers. As a result of the report of the Pay Rationalisation Committee the scales of pay of both the posts became identical from 1965. The pay scales of both the posts were revised in 1973 and both were placed in the scale of Rs. 300-500. The State Government appointed Pay Commission which submitted its report in the year 1979- 80, relevant extract from which has been annexed to the writ petition as Annexure III. In this report the Commission recommended the scale of Rs. 515-840 for Stenographers in place of the existing scale of Rs 300-500. The Commission also recommended the senior scale of Rs. 622-940 for these Stenographers. It may be mentioned that the Stenographers and three scales of pay, viz., Rs. 250-425, Rs. 300-500 and Rs. 400-600, for the scales of Rs. 250-425 and Rs. 400-600 the Commission recommended the scales of Rs 515-840 and Rs. 570-1070 respectively and no senior scale was recommended for those placed in these scales.

(3.) THE State Government did not agree with the preferential treatment given by the Commission to Stenographers vis-a-vis the Head Clerks and reversed the same. For Head Clerks the Government by its impugned order dated 15th June, 1982 approved the scale of Rs. 570-1100 instead of Rs. 515- 860 recommended by the Commission and in place of the ordinary and the senior scales of Rs. 515-840 and Rs. 622-940 recommended by the Commission for Stenographers, it approved the scales of Rs. 515-860 and Rs. 570-1100 respectively.