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Allahabad High Court · body

2002 DIGILAW 1225 (ALL)

BAJRANGI PANDEY v. STATE OF UTTAR PRADESH

2002-09-10

R.K.AGRAWAL, S.K.SEN

body2002
R. K. AGARWAL, J. ( 1 ) THE present special appeal has been filed by Bajrangi Pandey and Ram mohan Singh against the judgment and order dated 6th September, 1994 passed by the learned Single Judge in Civil Misc. Writ petition no. 5389 of 1982 dismissing the writ petition and holding that the clause (iii) of the Notification dated 29. 9. 1981 is not applicable in the case of the appellant- writ petitioners. ( 2 ) BRIEFLY stated the facts giving rise to the present case are that the appellants-writ petitioners are holding the post of stenographers and posted in the office of superintending Engineer, Circle V and xviii at Allahabad. The pay scale of the post of stenographer on which the appellants- writ petitioners are working was Rs. 250/- 425/ -. The State government constituted Second Pay commission for considering the revision of the pay scales of its employees. The recommendation made by the Second Pay commission has been accepted by the state Government vide Notification dated 29. 9. 1981. The second pay commission recommended the following pay scale of the stenographers, which has been accepted by the State Government. ( 3 ) BOTH the appellant- writ petitioners are working as stenographer in the office of the Superintending Engineer who is head of the department in the pay scale of Rs. 1840- 2400. The case of the appellants- writ petitioners are that they are entitled for the pay scale of Rs. 570-1100. However, the Deputy Secretary vide order dated 14. 4. 1982, directed that the appellants- writ petitioners are entitled for the pay scale of Rs. 470-735. No order was passed by the State Government on the representation made by the appellants-writ petitioners. ( 4 ) BEFORE the learned Single Judge, it was contended on behalf of the appellants- writ petitioners that they are working in the office of the superintending Engineer, who is the Head of the Department, in the pay scale of rs. 1840-2400 and as per clause (Ga) of the Notification dated 29. 9. 1981 they are entitled for the pay scale of Rs. 570-1100. 1840-2400 and as per clause (Ga) of the Notification dated 29. 9. 1981 they are entitled for the pay scale of Rs. 570-1100. On the other hand, the stand taken by the state was that a harmonious interpretation has to be given to the various clauses of the report of the Second Pay Commission, wherein, the pay scale of various stenographers have been revised and fixed and reference to the pay scale of the Head of Department which has been given in clause (Ga) cannot be read in the main part and it is not in the dispute that the appellants- writ petitioners were getting the pay scale of Rs. 250-425 prior to the revision and, therefore, they have rightly been placed in the pay scale of Rs. 470-735. It was further contended that the pay scale of Rs. 570 -1100 is provided only to those stenographers who are working in the office of the District Judge, Member of the Tribunals and Chairman of Co-operative Tribunal and not to other stenographer, though they may be working under the officers who are in the pay scale of Rs. 1840-2400. ( 5 ) THE learned Single Judge held that the pay scale of Rs. 570-1100 is to be provided only for those stenographers who are working in the offices of District judge, Member of Tribunals, Chairman of co-operative Tribunal. The pay scale of officers concerned has also been given to clarify their position. The learned Single judge held that the nature of the work of stenographers, the quality of work of the stenographers, to be shared and confidence to be maintained by the stenographers who are working with the district Judges, Members of Tribunals or the Chairman of the Co-operative tribunals stand on different footings than those who are working under the administrative Officers. The nature of work, efficiency, confidence, quality of work of those stenographers who are working under the class of the officers enumerated of clause (iii) of the notification dated 29. 9. 1981 is altogether of much higher standard and stand on much higher pedestal than those stenographers who are working under the officers mentioned in clause (i ). ( 6 ) WE have heard Sri H. S. N. Tripathi learned counsel for the appellant- writ petitioners and Sri Sabhajit Yadav learned standing counsel for the State respondents. 9. 1981 is altogether of much higher standard and stand on much higher pedestal than those stenographers who are working under the officers mentioned in clause (i ). ( 6 ) WE have heard Sri H. S. N. Tripathi learned counsel for the appellant- writ petitioners and Sri Sabhajit Yadav learned standing counsel for the State respondents. ( 7 ) THE learned counsel for the respective parties have raised the same submissions and contentions before us as were raised by them before the learned single judge. In the present Special appeal the only question for consideration is regarding clause Ga. of para 4 of the notification dated 29. 9. 1981 issued by the State Government, wherein the recommendation made by the Second pay Commission revising the pay scale of stenographers have been accepted. Clause ga. has already been reproduced above. It provides new/revised pay scale to the following categories of stenographers (i) those stenographers currently in the pay scale of Rs. 250-425 shall be given rs. 470-735 in revised pay scale, (ii) those stenographers who are currently in the pay scale of Rs. 300-500 shall be given pay scale of Rs. 515-860 in the revised pay scale and selection grade of Rs. 680-920, (iii) those stenographers who are attached with the Head of Minor Department except Head of Major Department, district Magistrate, District Judge, members of Tribunals and Chairman of co-operative Tribunals, shall be given pay scale of Rs. 570- 1100 in the revised pay scale, but stenographers attached with district Magistrate and District Judge shall not get Special pay (iv) Stenographers attached with Divisional commissioner, Head of Major departments, Chairman of Tribunals excluding Co-operative Tribunals shall get pay scale of Rs. 625-1360. ( 8 ) FROM a reading of the aforesaid recommendations of the Second Pay commission, it is clear that the Second pay Commission had recommended the revised pay scales of Stenographers by placing them in four categories. There may be stenographers in the pay scale of rs. 250-425, but may not be attached with the Head of Minor Department placed in pay scale of Rs. 1840-2400. In respect of such categories of stenographers, according to the Second Pay commissions report, which has been accepted by the State Government, they shall get revised pay scale of Rs. 470-735. However, those stenographers who are in the pay scale of Rs. 1840-2400. In respect of such categories of stenographers, according to the Second Pay commissions report, which has been accepted by the State Government, they shall get revised pay scale of Rs. 470-735. However, those stenographers who are in the pay scale of Rs. 250-425 but are attached with the office of Head of Minor department placed in the pay scale of rs. 1840-2400 shall be given revised pay scale of Rs. 570-1100. Thus, the pay scale of Rs. 570-1100 has been given to all those stenographers who are attached with the Head of Minor Department placed in pay scale of Rs. 1840-2400, Head of departments excluding Major department, District Magistrate, District judge, Members of Tribunal and chairman of Co-operative Tribunals. ( 9 ) IT is not in dispute that the superintending Engineer with whom, the appellant- writ petitioners have been attached as stenographers has been declared as Head of the Department for the purpose of U. P. Fundamental Rules in part 1, and Part 2 and subsidiary Rules in part 3. ( 10 ) IT is also not in dispute that the superintending Engineer, P. W. D. , is placed under the pay scale of Rs. 1840-2400. Thus, the case of the appellant- writ petitioners clearly fall within the aforesaid sub-category and they are entitled to be placed in the revised pay scale of Rs. 570-1100. The contention of the learned standing counsel that the reference to pay scale of Head of Minor Department, i. e. 1840-2400, is of no consequence, cannot be accepted in as much as in the aforesaid sub category of the stenographers, there is specific mention that all Head of Minor department placed in the pay scale of rs. 1840-2400 and stenographers attached with such Head of Department, are entitled to the revised pay scale of rs. 570-1100. ( 11 ) IN view of the aforesaid discussions we hold that the learned single Judge was not justified in arriving at conclusion that the revised pay scale of rs. 570-1100 is applicable only to those stenographers who are attached with the district Judge, Members of Tribunal and chairman of Co-operative Tribunals. The appellants- writ petitioners are, therefore, entitled to be placed in the revised pay scale of Rs. 570-1100. ( 12 ) IN the result, the Special Appeal succeeds and the same along with writ petition are allowed. 570-1100 is applicable only to those stenographers who are attached with the district Judge, Members of Tribunal and chairman of Co-operative Tribunals. The appellants- writ petitioners are, therefore, entitled to be placed in the revised pay scale of Rs. 570-1100. ( 12 ) IN the result, the Special Appeal succeeds and the same along with writ petition are allowed. The judgment and order of the learned Single Judge is set aside and the order dated 14. 4. 1982 passed by the Deputy Secretary government of U. P. in so far as it relates to the fixation of revised pay scale of the petitioners is quashed. .