GHURAHOO PRASAD ALIAS G PRASAD AND OTHERS Vs. STATE OF U P THORUGH PRINCIPAL SECY DEPT OF HEALTH & ORS

JUDGEMENT

(1.) Heard Sri Anupam Dwivedi, learned counsel for the petitioners and Ms. Parul Bajpai, learned Standing Counsel appearing for the State-respondents.

(2.) By means of the present writ petition, the petitioners have prayed for the following reliefs:-

(3.) The case set forth by the petitioners is that they were initially appointed on the post of Para Medical Assistant in the Small Pox Eradication Programme under the respondents and as the said programme was brought to an end, the post of Para Medical Assistant was renamed as District Assistant Immunisation Officer (Class III) (for short, 'DAIO') vide order dated 13.06.1994, a copy of which is Annexure-2 to the writ petition. It is contended that in the department of Family Welfare, the appointment on the post of DAIO is done by direct recruitment and the said cadre has no promotional post/avenue as a result of which, stagnation of the employees who were appointed as DAIO was occurring. In order to address the said issue various Government Orders were issued for the purpose of giving time bound promotional pay scale/time scale to such employees in order to avoid stagnation. In pursuance thereof, a Government Order dated 21.06.2007, a copy of which is Annexure-3 to the writ petition, was issued for providing time scale to the employees working in the State Government. The Government Order dated 21.06.2007 was issued in supercession of the earlier Government Order dated 02.12.2000 as would be apparent from perusal of the said Government Order. Copy of the Government Order dated 02.12.2000 is Annexure-4 to the writ petition. Learned counsel for the petitioners contends that in terms of Para 1(2) of the Government Order dated 21.06.2007, it was provided that those employees who had put in at least 14 years of satisfactory service including 6 years service from the date of payment of selection grade and had been regularised on the said post would be eligible for next promotional pay scale. It was also provided that those posts which were not having any promotional post/avenues, the persons would be entitled for the higher pay scale or next pay scale. It is also contended that by Para 1(4) of the said Government Order, it was provided that those employees who had been given personal promotional pay scale/next pay scale and had been given one increment as per Para 1(3) and had completed 24 years of satisfactory service including 5 years from the date of increment would be entitled for second promotional/next pay scale and those cadres/posts where no promotional post is available, the employees/officers would be entitled for the next pay scale. Placing reliance on the said Government Order dated 21.06.2007, it is contended that as there was no promotional avenue for the post of DAIO and as the initial pay scale of the said post was 5000-8000, an order dated 09.05.2008 was consciously issued indicating that the pay scale payable to DAIO after completion of 24 years of service would be the second personal promotional pay scale of Rs.6500-10500. A copy of the order dated 09.05.2008 is Annexure-7 to the writ petition.