RATAN KUMAR NIGAM Vs. STATE OF U P

JUDGEMENT

(1.) In these two connected writ petitions, the U.P. Diploma Engineers Association, Nagar Maha Palika, Allahabad through their office bearers, who have also joined in their individual capacities as Diploma Engineers and employees of Allahabad Development Authority, Allahabad, in Class III employment have prayed for directions to provide time scale and selection grade as per the recommendation of 5th Pay Commission, at par with the State Government employees.

(2.) In writ petition No. 18886 of 2002 the petitioner, President of Diploma Engineers Association, has given a brief background of the recommendation of the Pay Commission. In the year 1988 the State Government constituted Pay Equivalence Committee to consider raise in pay scale of the employees of the State Government, Local Bodies and members of other services. The Committee submitted its recommendation, which was accepted by the State Government vide its resolution dated 18.10.89 revising the pay scales of the employees of the State Government, Local Bodies w.e.f. 1.1.86. By Government order dated 13.2.90 the recommendations of the Pay Commission 1988 were also adopted for the employees of the Local Bodies. After a period of about 10 years, the State Government constituted another Committee vide order dated 9.10.97 for implementing the recommendation of 5th Pay Commission to the employees of the State Government, Local Bodies, Development Authorities etc. By Government order dated 23.12.97 the State Government decided to revise pay scales of the State Government employees w.e.f. 1.1.96. However, the revised pay scale and the benefits of time scale were not implemented.

(3.) The State Government, thereafter, by Government order dated 11.8.98 accepted the 4th presentation of the Pay Commission U.P. 1998 vide its letter dated 21.7.98, allowing the benefit of promotional pay scale and revised pay scale in higher pay scale to the employees of Local Bodies and Jal Sansthan w.e.f. 1.1.96. The time scale was made applicable to the State Government employees by Government order dated 2.12.2000 providing for selection grade on eight years of satisfactory service, a promotional pay scale on personal basis on 14 years of satisfactory service and the next promotional pay scale on completion of 19 years of satisfactory service. A further benefit of next promotional pay scale was provided to those, who had completed 24 years of satisfactory service with certain additional benefits.