STATE OF U P THRU PRIN SECY ,MEDICAL & HEALTH & 2 OTHERS Vs. KULJYOTI KUMAR AWASTHI & 13 OTHERS (INRE 3924 S/S 2012)

JUDGEMENT

(1.) Heard, Dr.L.P.Mishra, learned counsel for the appellants and Shri A.P. Singh, learned counsel for the respondents.

(2.) The preset intra court Special Appeal under Chapter-VIII, Rule-5 of the Allahabad High Court Rules, 1952 has emanated from the judgment and order dated 30.10.2015, passed by the learned Writ Court in Writ Petition No.3924 (SS) of 2012 (Kuljyoti Kumar Awasthi & Others Versus State of U.P. and others). The learned Writ Court while allowing the writ petition has directed that the petitioners will also be entitled to the benefit of the pay scale of Rs.470-735 w.e.f. 01.07.1979 in the seniority list of 18.04.1978 as compared to other persons similarly situate.

(3.) The brief facts of the case for adjudication of the present controversy are that a Multi Purpose Worker Scheme was issued by the Government of India for eradication of Malaria, in which the posts of Malaria Inspectors and Surveillance Inspectors were created in one and the same pay scale of Rs.230-385. A combined inter-se seniority list dated 18.04.1978 was issued containing the names of Surveillance Inspectors and Malaria Inspectors. The pay revision took place in the year 1981 as per recommendation of Pay Commission, in which the Malaria Inspectors were given the pay scale of Rs.400-615, whereas the Surveillance Inspectors were given the pay scale of Rs.470-735 w.e.f. 01.07.1979. By means of the Notification dated 30.06.1981 the Central Government directed to keep the Malaria Inspectors out of the Scheme and they be posted at the Headquarters. The said directions were accepted by the State Government by means of the Government Order dated 31.01.1983. By that time the respondents/petitioners were not born in service. Since some of the senior persons in the combined seniority list were not confirmed and due to the discrepancies of pay scale created w.e.f. 01.07.1979 on the post of Malaria Inspectors and the Surveillance Inspectors, two writ petitions bearing No.213 of 1984 and writ petition no.2132 of 1984 were filed by the U.P. Malaria Nirikshak Sangh and others Versus State of U.P. and others. Both the writ petitions were clubbed together and decided by a common judgment and order dated 25.04.1989 with a direction to consider the matter pertaining to the confirmation of the petitioners in accordance with the seniority list circulated by the order dated 18th April, 1978, contained in Annexure no.4 to the writ petition and afford the petitioners the benefit of confirmation in accordance with the said seniority list. The operative portion of the order is extracted hereunder:-