STATE OF U P Vs. ANAND KUMAR MISHRA

JUDGEMENT

(1.) RESPONDENTS - appellants, aggrieved by the order dated 4.9.2008 passed by a learned single Judge in Civil Misc. Writ Petition No. 44344 of 2006, have preferred this appeal under Rule 5 Chapter VIII of the High Court Rules.

(2.) WRIT petitioners-respondents are employed in U. P. Police Radio Department. In the light of the recommendation of the Pay Commission followed by the report of the Equivalence Committee, their pay-scale has been revised but the benefit of the said pay-scale was given from the date of issuance of Government order dated 30.10.2004 and not from 1.1.1996 as given to other employees of the State Government. They filed WRIT Petition No. 67340 of 2005 before this Court and by order dated 24.10.2005, the writ application was disposed of with a direction to the appellants herein to take decision in accordance with law within stipulated period. In the light of the aforesaid direction of this Court, the State Government by its memo dated 11.5.2006, rejected their claim and held that they shall not be entitled to the revised pay-scale from 1.1.1996. While doing so, it was observed that the State Government had taken a policy decision to give the revised scale of pay from the date of the Government order. WRIT petitioners-respondents challenged the aforesaid order, which has given rise to the impugned order.

(3.) MR. Piyush Shukla appearing on behalf of the appellants submits that when the State Government decided not to grant the scale of pay with effect from 1.1.1996, the learned single Judge ought not to have interfered with the same. He points out that it is for the State Government to decide as to from which date the benefit of pay-scale shall be given to its employees and the impugned direction of the learned single Judge is in breach of the said policy, which is not permissible in law.