U P ENGINEER S ASSOCIATION D O I KANPUR v. STATE OF U P
1996-01-05
JAGDISH BHALLA, P.K.MUKHERJEE
body1996
DigiLaw.ai
Civil Misc. Writ No. 13931 of 1986 has been filed by U. P. Engineering Association, a representative body of Engineers of the State of Uttar Pradesh. Writ petition No. 4006 of 1990 has been filed by S/sri Ramji Singh, K. N. Lai, and Masqoor Ali, Engineers in the Industries Department of State of. Uttar Pradesh. 2. Since Common questions of facts, and, law are involved in the aforementioned writ petitions, they are being decided by this common judgment. 3. In writ petition No. 13931 of 1986, the main reliefs claimed by the petitioners are as follows :- " (i) issue a writ, order or direction in the nature of mandamus com manding the respondents to give uniform pay scale/grade of Rs. 850-1720 to the employees posted/serving as Manager Technical and Technical Officers in the Industry Department as are being given to the technical personnel serving in other departments and possessing similar qualifications. With effect from the implementation of the RIP Scheme in the State of U. P. i. e. , from 1972. " The main reliefs claimed in the other writ petition are as under : " (i) issue a writ of mandamus directing the respondents to award the pay-scale of Rs. 2200-4000 to the petitioners and similarly situate other persons w. e. f. 1st January, 1986. (ii) issue a writ of mandamus directing the respondents to regularize the petitioners and similarly situate persons in the pay-scale of Rs. 2200-4000". 4. S/sri M. S. Negi and S. C. Budhwar appeared before us on behalf of the petitioners, and, Sri K. M. Sahai, learned Standing counsel represented the State. 5. It has been contended by learned counsel for the petitioners that the higher pay-scale of Rs. 2200- 4000 has been given to the juniors to the petitioners. Which is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. 6. On the other hand, learned Standing Counsel- drew our attention to paragraph 5 of the counter affidavit, which is as follows : ". . . . It is stated that there were two pay-scales of Manager (Tech.) one was Rs. 450-950 and the other was Rs. 550-1200. The 13 posts of Manager (Tech.) in the" pay-scale of Rs.
6. On the other hand, learned Standing Counsel- drew our attention to paragraph 5 of the counter affidavit, which is as follows : ". . . . It is stated that there were two pay-scales of Manager (Tech.) one was Rs. 450-950 and the other was Rs. 550-1200. The 13 posts of Manager (Tech.) in the" pay-scale of Rs. 550-1200 were meant for R. I. P. District and Kanpur (R) and the posts of Manager (Tech.) for the remaining districts of the State were in the pay scale of Rs. 450-950. No officer having Diploma Engineer was promoted from the pay- scale of Rs. 450-950 to the post of Manager (Tech.) in the pay-scale of Rs. 550-1200. " 7. Sri Sahai further contended that in the Industries Department, the posts of Technical Officers are sanctioned in the pay-scale of Rs. 690-1420 (Pre-revised), whereas the posts of Manager (Tech.) are sanctioned in the pay-scale of Rs. 690-1420 (pre-revised) and Rs. 850-1720 (pre-revised ). Therefore, the question of payment of uniform pay-scale to the officers holding post of Technical Officer and Manager (Tech.) does not arise. 8. Having heard rival submissions, we are of the view that the ques tion of payment of salary of the evaluation of work of Engineers has to be decided by the State Government. In arriving at the aforesaid conclusion, we find support from the decisions of Honble the Supreme Court in Randhir Singh v. Union oj India, AIR 1982 SC 879 , and Surendra Singh v. Engineer-in-chief, C. P. W. D,, AIR 1986 SC 584 . 9. According to the petitioners, their representations are still pending with the State Government. Annexures 8 and 9 are the representations in Civil Misc. Writ No. 4006 of 1990 whereas Annexure 7 is the representation in Writ Petition No. 13931 of 1986. It has been stated at the Bar that the aforesaid representations have not yet been decided by State Government. 10. In view of these facts and circumstances of the case, as well as, aforesaid legal position, we direct the petitioners to supply fresh copies of their representations to the State Government, together with supplementary representation, if they so desire, within a period of three weeks from this day. The State Government will decide the representations of the peti tioners within four months from the date of receipt of the same.
The State Government will decide the representations of the peti tioners within four months from the date of receipt of the same. In case, after consideration, the State Government does not find force in the repre sentations, then the same will be rejected by a well reasoned, and, speaking order. 11. With the aforesaid observation, and, direction, the writ petitions are disposed of. Parties shall bear their own costs. Petition disposed of. .