MANJUL MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) IN the year 1986, the State Government sanctioned two posts of Technical Assistant in the pay -scale of Rs.570 -1100 in the Environment Directorate on temporary basis. Pursuant to the creation of the above posts, the Director, Environment Directorate, Uttar Pradesh, Lucknow (opposite party No.2) issued a letter dated 13.8.1986 to the Employment Exchange Officer, Lucknow, requesting therein to send names of the eligible candidates. Consequently, the Employment Officer issued a letter dated 19.8.1986 directing the petitioner to report in the office of the opposite party No.2 for appearing in written examination to be held on 24.8.1986 for the post of Technical Assistant in the pay -scale of Rs.570 -1100. On 24.8.1986, the petitioner appeared in the written test and upon being declared successful, she appeared in the interview, which was held on 27.8.1986. Finally, she was declared successful. Accordingly, vide order dated 9.12.1986, the petitioner was offered an appointment letter for the post of Technical Assistant, on which she joined the services on 20.12.1986.

(2.) ACCORDING to the petitioner, in the letter of appointment issued to her, it has been mentioned that the appointment is being made for a period of three months on temporary basis on payment of remuneration at the rate of 25/ - per day, whereas vide order dated 27.2.1986, the post of Assistant Accountant was also sanctioned in the pay -scale of Rs.470 -735 and on the aforesaid post, one Shri Rasiyawan Prasad was appointed along with the petitioner on temporary basis by following the same procedure through the same Selection Committee. Being aggrieved by the aforesaid discriminatory action, the petitioner, after joining on the post of Technical Assistant, preferred a representation dated 24.12.1986, requesting therein that she may be granted pay -scale of Rs.570 -1100 and also her services may be regularized. The said representation was forwarded by the Deputy Director before the respondent No.2 on 9.11.1989 but no heed was paid. However, on 5.9.1992, the respondent No.2 requested the State Government to accord approval for regular appointment to the petitioner on the post of Technical Assistant in the pay -scale of Rs.1400 -2600 but even then, no heed was paid.

(3.) FEELING aggrieved by the inaction of the opposite parties, the petitioner has approached this Court by filing writ petition No. 1418 (S/S) of 1993. This Court, vide ad interim order dated 16.2.1993, directed the respondents to consider the request of the petitioner dated 20.4.1987 for giving her grade of Rs.1400 -2600 and pass appropriate orders. In compliance of the aforesaid ad interim order dated 16.2.1993, the opposite party No.2 considered the matter and passed an order dated 10.8.1993, whereby the claim of the petitioner for grant of pay -scale of Rs.570 -1100 was rejected. In the meantime, the petitioner got married and in the year 1996, she applied for maternity leave from 15.4.1996 to 15.7.1996.