KRISHNA CHAND MISRA Vs. GOVERNMENT OF UTTAR PRADESH

JUDGEMENT

(1.) THE petitioner, who is a Physio-THErapist in the District Hospital, Faizabad, is claiming through this petition filed under Article 226 of the Constitution of India, parity in the scale of pay with the Physio- THErapists posted in the State Medical Colleges.

(2.) INITIALLY the scale of pay of the Physio Therapists/Occupational Therapists was Rs.350-700. In November 1980, the Second Pay Commission submitted its report to the State Government recommending that the scale of pay applicable to Physio Therapists/Occupational Therapists be revised to Rs. 625-1170. But the Government by G. O. dated 13-9-1982, of which a copy has been filed as Annexure 3 to the writ petition, fixed the pay scale of Physio Therapists/Occupational Therapists working in the District Hospitals at Rs.570-25-770-EB-30-980- EB-30-1100 while by another G.O. dated 12-10-1982 it fixed the pay scale of Physio Therapists/Occupational Therapists working in the State Medical Collges at Rs.625-30-835-EB-30-925-35-1065-EB-35-1240. It is the G.O. dated 13-9-1982 which has been challenged in this petition on the ground, inter alia, that the Physio Therapists/Occupational Therapists belong to one cadre and their nature of duties being similar, they are entitled to be paid their salary in the pay scale fixed for Physio Therapists/Occupational Therapists working in the State Medical Colleges.

(3.) THE petitioner has filed a rejoinder-affidavit in which he has controverted the allegations set out in the counter-affidavit. He has filed a copy of the G.O. dated 10-6-1985 as Annexure 5 to the rejoinder-affidavit which indicates that in the Employees State Insurance Dispensaries also Government has fixed the pay scale for the posts of Physio THErapists/Occupational THErapists at Rs.625-1170. He has also filed copies of letters of the Director, Health and Family Planning, U. P., Lucknow in which also it is mentioned that the cadre of Physio THErapists working in the State Medical Colleges and the District Hospitals is one and their duties are also similar. THEse letters are Letter No. 4/D/2/1847 dated 8-2-83 and Letter No. 4D/2/Writ/374/83/10671 dated 30-6-83.