(1.) By this petition the petitioner has sought relief in the nature of writ of mandamus directing the respondents to pay the petitioner salary and allowances in pay scale of Rs. 1200/- to 2040/- at par with other Store Keepers working in the establishment of respondents and not to discriminate the petitioner from similarly situated other Store Keepers. The relief sought in the writ petition rests on the facts that the petitioner was appointed on the post of Store Keeper in U.P. State Bridge Corporation in scale of pay of Rs. 200-320 on 25.11.1974. In the year 1978 various appointments were made by corporation on the posts of Store Keepers but the appointees were placed in pay scale of Rs. 250/- to Rs.425/-. It is alleged that nature of duties and responsibilities attached to the posts Store Keepers appointed subsequently and at the time of appointment of the petitioner is same and identical. It is also alleged that the initial pay scale of petitioner of Rs.200-320 was revised in the time scale of pay of Rs. 360/- to 550/- whereas pay scale of another set of store-keepers of Rs. 250/- to 425/- was revised in scale of Rs.440/- to 710/- by the year 1979. On 7.3.1990 several new appointments on the post of store keepers were made by the respondents in the pay scale of Rs. 440/- to 710/-. In the year 1990, while accepting the recommendation of Pay Rationalization Committee the respondents have again revised the pay scale of Rs. 350/- to Rs.550/- in scale of Rs. 950/- to Rs. 1500/-whereas pay scale of Rs.440/- to 710/- revised in scale of Rs.1200/- to 2040/-. Feeling aggrieved against the said discrimination, the petitioner moved several representations before the authorities concerned but finding no favour with them ultimately compelled to file above noted writ petition.
(2.) A short counter affidavit has been filed on behalf of respondents in the writ petition, justifying the actions and inaction of respondents and in respect of grievances of the petitioner in para 4 and 5 of the counter affidavit the stand of the respondents are as under:
(3.) In reply to the averments made in the aforesaid counter affidavit the petitioner has filed rejoinder affidavit whereby he has brought on record the office order of further revision of pay scale of store keepers and other employees vide office order of Managing Director dated 23.8.2000 with effect from 1.5.2000. The stand taken in the writ petition has been reiterated again in para 6 of the rejoinder affidavit as under :