NAND LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The appellant was appointed on the post of Store Superintendent Grade-II under the Director, Civil Defence, U.P. Lucknow (the second respondent to the appeal). The appellant was thereafter promoted on 17 June 1984 to the post of Store Superintendent Grade-I.

(2.) On 6 September 1971, a Government Order was issued regarding the fixation of pay-scales in which it was stipulated that if the posts of Store Superintendent Grade-I are filled up from Police Inspectors, they would be entitled to a pay-scale of Rs.225-500 and as regards the posts of Store Superintendent Grade-II when drawn from Police Sub Inspectors, would be admissible to a pay-scale of Rs.175-300. All other persons appointed on the posts of Store Superintendent Grade-I would receive a pay-scale of Rs.150-350 and on the posts of Store Superintendent Grade-II to a pay-scale of Rs.120-250.

(3.) This discrimination between persons occupying the same posts with the same responsibilities but drawn from two different sources was challenged before the State Public Services Tribunal in a claim petition instituted by one Rajendra Prasad Singh. That claim petition (Claim Petition No. 215/V/HM3/87, Rajendra Prasad Singh vs. Director, Civil Defence, State of U.P. and Ors.) was allowed by the Tribunal on 1 October 1996. The Tribunal held as follows: