STATE OF U P Vs. RAMESH PRATAP SINGH

JUDGEMENT

(1.) The present special appeal has been directed against the judgment and order dated 25.9.1998 passed by the learned single Judge in Civil Misc. Writ Petition No. 8027 of 1992, whereby the learned single Judge has allowed the writ petition and directed the appellants to treat the respondents-petitioners entitled for pay scale of Rs. 1,350-30-1,440-40-1,800-E.B.-50-2,200 from the date on which it was admissible to the employees working in the post of Machine Man Offset under the Government order dated 12.4.1990, and the balance of the amount which has not been paid to the petitioners for the period after 12.4.1990 to 31.7.1996 shall be paid to them with a period of six months from the date a copy of the order passed in the said writ petition, is filed before the appropriate authority.

(2.) Briefly stated, the facts giving rise to the present special appeal are that the respondents-writ petitioners, at the relevant period, were posted as Assistant Machine Operators Offset, in the Government Press, Ram Nagar, district Varanasi. Prior to July, 1979, the pay scale relating to the posts of Assistant Machine Operators Offset and Machine Man Offset were treated to be equivalent posts and the pay scale for both the posts were same at Rs. 200-320. The pay scale was revised at Rs. 354-550 pursuant to the recommendation made by the 2nd Pay Commission. The Equivalence Committee (Samta Samiti) which was onstituted by the State Government vide order dated 14.10.1988, also recommended the same pay scale for both the posts which was accepted by the State Government and vide order dated 21.8.1989, the same pay scale was stipulated for two posts. The post of Assistant Machine Operators Offset was shown at serial No. 63, whereas the post of Machine Man Offset was shown at serial No. 65. The pay scale recommended for these two posts was at Rs. 1,200-30-1,440-E.B.-30-1,800.

(3.) It appears that on the representation made by the employees working on the post of Machine Man Offset, the Government order dated 21.8.1989 was modified vide order dated 12.4.1990 and the pay scale for the post of Machine Man Offset shown at serial No. 65 in the Government order dated 21,8.1989, was enhanced to Rs. 1,350-30-1,440-40-1,800-E.B.-50-2,200. However, the pay scale for the post of Assistant Machine Operator Offset, which was shown at serial No. 63, remained unchanged. Thus, the parity in the pay scale of two posts, was, for the first time disturbed on 12.4.1990. The respondents-petitioners made representation, but no action was taken by the State Government. However, vide Government order dated 31.7.1996, the pay scale for the post of Assistant Machine Operator Offset, was made at par with that of Machine Man Offset and the grievance of the respondents-petitioners before the learned single Judge, was that two posts ought to have been equated with similar pay scale from 12.4.1990 itself, when the pay scale of Machine Man Offset, was enhanced.