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Allahabad High Court · body

1989 DIGILAW 951 (ALL)

Suresh Chandra Nigam v. State Of Uttar Pradesh

1989-12-14

H.G.MITTAL, S.D.AGARWALA

body1989
JUDGMENT : H. C. Mital, J. 1. The above named petitioners have filed this petition seeking a writ of mandamus directing the respondents to decide the representations of the petitioners for granting revised grade I Pay Scale to them and for any other order deemed expedient under the facts and circumstances of the case. 2. The admitted facts are that the petitioners were posted as Medical Officers Grade II in the dispensaries of Nagar Mahpalika, Allahabad. Petitioners nos. 1, 2 and 3 had joined in July 71, September 77 and May 66 respectively. They have been continuing in service and have now been also confirmed in Grade II and the services of the petitioners are governed by the U. P. Palika (Centralised) Services Rules, 1976. It is contended that the State Government accepted the U. P. Pay Commission Report 1971-73 and in pursuance thereof revised the pay scales of the Allopathic Medical Officers of Grade I and Grade II of Mahapalikas as follows :- Existing Revised Grade I 300-900 500-30-650-40-850-50-1150 Grade II 250-700 425-20-505-25-630-30-900 The above Grade I scales were for those having atleast two years experience and of Grade II for the direct recruits. 3. ON receipt of the report of Second Pay Commission, the State Government again revised the Pay Scales in the year 1979-80 as follows :- Existing Revised Grade I 500-1150 850-40-1050-e b. 50-1200-60- 1420-e.b -60-1720 Grade II 425-900 690-40-970-e.b -40-1050-60- 1200-e.b.-50-1300-60-1420 4. THAT the State Government accepted the recommendation of the Pay Commission, 1971-73, vide Government Order No. 7206-T/9-1-11-Sa-73, dated 21-10-1973 in which there was a provision for the Pay Scale of 500-1150 (Grade I) to be given to the Medical Officers (Grade II) having two years experience subject to the condition that their services were found to be satisfactory by their superior officers. By that date the petitioners nos. 1 and 3 had already completed their two years service to the satisfaction of their superior officers and petitioner no. 2 completed two years service in the month of September, 1979. That the then Administrator of the Allahabad Nagar Mahapalika sanctioned the salary of the petitioner no. 1 in the pay scale of Rs. 500-1150 (Grade I) with effect from 20-7-1973, and an order dated 15-10-1974 was passed to this effect by the Administrator which was served on the petitioner no. 1 through letter no. That the then Administrator of the Allahabad Nagar Mahapalika sanctioned the salary of the petitioner no. 1 in the pay scale of Rs. 500-1150 (Grade I) with effect from 20-7-1973, and an order dated 15-10-1974 was passed to this effect by the Administrator which was served on the petitioner no. 1 through letter no. 9/6/VI, dated 19-10-1974 issued by the Nagar Swasthya Adhikari of the Nagar Mahapalika, Allahabad. 5. That in pursuance of the aforesaid order dated 15-10-1974 passed by the Administrator the petitioner no. 1 was paid the salary for two months in the pay scale of Rs. 500-1150, but thereafter without any order or assigning any reason the payment of salary to the petitioner no. 1 in the pay scale of Rs. 500-1150 was suddenly stopped, and again the Administrator started paying salary to the petitioner no. 1 according to the revised pay scale of Rs. 425-900 (Grade II). The petitioners nos. 2 and 3 were also paid the salary of Grade I for some time but afterwards the said payment has been stopped like petitioner no 1. 6. That the petitioner no. 1 submitted his representation dated 8-4-1976 requesting the authorities that the petitioner being fully entitled to pay scale of Grade I, he may be paid the salary of Grade I in the pay scale of Rs. 500-1150, but without assigning any reason no action was taken on the aforesaid representation. That the representations of the petitioners have not yet been decided That one Dr Kailash Nath Verma, the Medical Officer, in the Varanasi Nagar Mahapalika under such circumstances filed Civil Misc. Writ Petition No. 3603 of 1986 which has been finally disposed of by an order dated 3-8-1987 by a Division Bench of this Court directing respondent no. 1 to dispose of the representation of Dr. Verma and it has further been provided in the order that if the representation is rejected, it shall give reasons in support of its finding. That after the said direction of the Hon'ble Court Dr. Verma has been granted the Pay Scale of Grade I by the respondents, but inspite of this case the representations of the present petitioners have not been decided and the petitioners have been deprived of their lawful claim of salary of Grade I after two years of completion of their service as Medical Officer Grade II. 7. Verma has been granted the Pay Scale of Grade I by the respondents, but inspite of this case the representations of the present petitioners have not been decided and the petitioners have been deprived of their lawful claim of salary of Grade I after two years of completion of their service as Medical Officer Grade II. 7. On the other hand in the counter affidavit on behalf of the State of U. P. The fact that earlier the Administrator of Allahabad Nagar Mahapalika had sanctioned the salary of the petitioner no. 1 in the Pay Scale of Grade I with effect from 20-7-1973 by an order dated 15th October, 1974 and thereafter for two months he was also paid salary accordingly have not been denied but it is alleged that the same was granted under a mistake and, therefore, subsequently the salary was paid in the Pay Scale of Grade II. As regards the decision on the representation of Dr. Kailash Nath Verma which was subject matter of earlier Civil Misc. Writ No. 3603 of 1986 and disposed of by this court by an order dated 3rd August 1987 with the direction that the representation be disposed of and if rejected, reasons be given, it has been admitted that the representation has been granted and Dr. Verma has been granted the Pay Scale of Grade I but his case was that of a Vaidya and not of an allopathic Medical Officer. That to grant salary in Grade I to 'Vaidya' and 'Hakims' a provision has been made in the Government Order and accordingly the representation was granted but as there was no such provision in the Government Order in respect of Allopathic doctors of the Corporations the representations of the petitioners have not been allowed. 8. Learned Standing Counsel was granted time after time to produce a copy of that Government Order issued for granting salary of Grade I to the 'Vaidya' and 'Hakims' as averred in the counter affidavit but he failed to produce any such order, hence it can be safely presumed that there is no such Government Order and the same was also asserted on behalf of the petitioners. In the report of U. P. Pay Commission 1971-73 (Volume II) vide page 42 of the same dealing with the Medical Officers of the dispensaries of Nagar Mahapalikas the following has been specifically stated : "2. In the report of U. P. Pay Commission 1971-73 (Volume II) vide page 42 of the same dealing with the Medical Officers of the dispensaries of Nagar Mahapalikas the following has been specifically stated : "2. Chikitsa Adhikari (Grade I) Incharge of Allopathic Hospitals/Dispensaries of Nagar Mahapalikas. 3. Chikitsa Adhikari (Grade II) of Allopathic Hospitals, Dispensaries of Nagar Mahapalikas. The prescribed minimum qualification for recruitment to both these posts is M.B.B.S. or equivalent degree and recruitment is made directly to both these posts which are presently in two different scales, namely Rs. 300- 900 and Rs. 250-700 respectively. Chikitsa Adhikaris of Grade II have demanded the PMS scale of Rs. 300-900 on the ground that the prescribed minimum qualification for their recruitment is the same as that prescribed for recruitment of Chikitsa Adhikaris of Grade I. The Mukhya Nagar Adhikari of Agra had recommended the scales of pay of Rs. 500-1390 and Rs. 500-1300 respectively for those two posts. On examination of this matter we feel that two separate scales of pay should be maintained for Chikitsa Adhikaris of Grade I and Grade II, but would suggest that direct recruits holding M.B.B.S. or equivalent degree, may be allowed the revised scale of Rs. 425-890 and that the proposed higher scale of Rs. 500-1150 should be allowed to those holding M.B.B.S. or equivalent degree with atleast two years' experience. If however, allopathic doctors belonging to the State Medical Service are required to work as Chikitsa Adhikari, they would get their own grade pay." At page 43 it has further been observed : "It goes without saying that those who may have been or who may be appointed to the post of Chikitsa Adhikari, Grade II, would deserve being placed in Grade I after completing two years service in Grade II. provided such service is found satisfactory by the competent appointing authority." 9. That apart, admittedly the Administrator, Allahabad Nagar Mahapalika had earlier sanctioned the salary of petitioner no. 1 in the pay scale of Rs. 500-1150 (Grade I) w.e.f. 20th July, 1973 by order dated 15th October, 1974 and the pay was also paid accordingly for two months. It is also admitted that Dr. That apart, admittedly the Administrator, Allahabad Nagar Mahapalika had earlier sanctioned the salary of petitioner no. 1 in the pay scale of Rs. 500-1150 (Grade I) w.e.f. 20th July, 1973 by order dated 15th October, 1974 and the pay was also paid accordingly for two months. It is also admitted that Dr. K. N. Verma's representation has already been allowed by the State Government after the decision of this court in Writ Petition No. 3603 of 1986 and though on behalf of the State it has been contended that there has been separate Government Order sanctioning the pay in Grade I but no such separate Government Order in their favour could be produced before this court. 10. Thereafter, subsequently in the report of the Pay Commission of the year 1979-80 the following recommendation was made vide page 121 of the report in Hindi in respect of the Local Bodies. From the above it is clear that in their report the Commission had also specifically stated that the old Pay Commission had kept two scales of pay with the intention that after two years of service the Grade II officers would be promoted and entitled to the scale of Grede I in the scale of Rs. 500-1150. However, this Commission of 1979-80 was of the view that it would be proper if only one scale of pay Rs. 850-1720 was kept. But ultimately the two scales i e. 500-1150 and Rs. 425-900 were enhanced to Rs. 850-1720 and Rs. 690-1420 respectively. 11. Now the main question is when once the government had decided to act on the recommendations of the Pay Commission and pay the salary of Grade I to 'Vaidya' of Grade II after completion of two years, why should the allopathic doctors of Grade II be deprived of that pay in the scale of Grade I after completion of two years service as was provided in the report of 1971-73 and which was then accepted without any reservation as nothing has been produced before the court that the report of the Pay Commission in respect of the applicants' service was accepted with any reservation than was recommended by the Pay Commission. 12. 12. In view of the above it is clear that the conduct of the respondent in fixing the salary of 'Vaidya' without any specific provision in the G. O. for granting them pay scale of Grade I after completion of two years service but not granting the same to the petitioners after completion of two years of service when it was so specifically recommended by the Pay Commission 1971-73 and when that report was accepted without any reservation in respect of that recommendation is clearly arbitrary and discriminatory. In view of the above, we allow the petition and issue a writ of mandamus directing the respondents to grant the petitioners revised pay scales of Grade I in accordance with the report of the Pay Commission 1971-73 from the date from which they are entitled to the same. In the circumstances of the case, the parties are directed to bear their own costs.