BAJRANGI PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present special appeal has been filed by Bajrangi Pandey and Ram Mohan Singh against the judgment and order dated 6th September, 1994 passed by the learned Single Judge in Civil Misc. Writ petition no. 5389 of 1982 dismissing the writ petition and holding that the clause (iii) of the Notification dated 29.9.1981 is not applicable in the case of the appellant- writ petitioners.

(2.) Briefly stated the facts giving rise to the present case are that the appellants- writ petitioners are holding the post of Stenographers and posted in the office of Superintending Engineer, Circle V & XVIII at Allahabad. The pay scale of the post of stenographer on which the appellants- writ petitioners are working was Rs.250/- 425/-. The State Government constituted Second Pay Commission for considering the revision of the pay scales of its employees. The recommendation made by the Second Pay Commission has been accepted by the State Government vide Notification dated 29.9.1981. The second pay commission recommended the following pay scale of the stenographers, which has been accepted by the State Government. <IMG>JUDGEMENT_11_TLALL0_2002Image1.jpg</IMG>

(3.) Both the appellant- writ petitioners are working as stenographer in the office of the Superintending Engineer who is head of the department in the pay scale of Rs. 1840- 2400. The case of the appellants- writ petitioners are that they are entitled for the pay scale of Rs.570- 1100. However, the Deputy Secretary vide order dated 14.4.1982, directed that the appellants- writ petitioners are entitled for the pay scale of Rs.470-735. No order was passed by the State Government on the representation made by the appellants- writ petitioners.