KAUSHAL KISHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in this writ petition is laid to an order passed by the department of Jail Administration, dated 27th May, 2014 (contained in Annexure 12 to the writ petition); whereby petitioners claim for higher wages admissible to Instructors is declined and the classification based on qualification for prescribing different scale of pay is upheld.

(2.) Petitioners were appointed as Instructors to teach various vocational subjects to Prisoners in the Jail and are working since long. Petitioner No. 1 was appointed as Instructor in 1997; Petitioner No. 2 was appointed to the same post in 1992; Petitioner No. 3 was appointed in 1995; Petitioner No. 4 was appointed in 1987 and Petitioner No. 5 was appointed in 1982, respectively. There services were earlier governed by the provisions of the U.P. Jail Ministerial and Commercial Service Rules, 1983. Eligibility for appointment to the post of Instructor has been specified in Part IV of the Rules of 1983. For Instructors in different trades, the qualification prescribed was Diploma and Practical Knowledge of three years. Reference can be had to the qualification of Tailor Master, which reads as under:-

(3.) Similar qualifications have been specified for other trades also. All the petitioners possess requisite qualification as per the requirement contained in the Rules of 1983. They were also paid salary as per the scale of pay prescribed for them.