Allahabad High Court
Suresh Prasad Singh vs State Of U.P. Thru Chief Secy. And 6 ... on 30 October, 2015
Bench: Surya Prakash Kesarwani
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
Court No. - 1
Case :- WRIT - A No. - 39724 of 2014
Petitioner :- Suresh Prasad Singh
Respondent :- State Of U.P. Thru Chief Secy. And 6 Others
Counsel for Petitioner :- Santosh Kumar Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
1. Heard Shri Santosh Kumar Mishra, learned counsel for the petitioner and Shri R.K. Pandey, learned Standing Counsel appearing for the State-Respondent.
2. This writ petition has been filed by the petitioner, inter-alia, praying for following relief:
"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 30.5.2014 passed by the Respondent No.6 (Annexure No.6 to the writ petition) and the Government Order dated 19.5.2014 (Annexure No.7 to the writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus directing the Respondent No.2 to accord the petitioner grade pay of Rs.4200 in pay band of Rs.9300-34800 with effect from 11.06.2009 with all arrears along with interest within a time bound period.
(iii) Issue any other writ, order or direction of suitable nature which this Hon'ble Court deems fit and proper in the circumstances of the case.
(iv) To award the cost of the writ petition to the petitioner."
3. By the impugned order dated 30.5.2014 has been passed by the Respondent No.6-Senior Superintendent (Head Quarters) Jail Administration and Reforms Services, U.P., Lucknow on the basis of an Order dated 19.5.2014 issued by the State Government wherein it has been provided that the Carpet Designer appointed prior to the reorganization of the pay-scale shall not be entitled to the pay-scale of Rs.4000-6000 and grade pay of Rs.4200.
4. Learned counsel for the petitioner submits that by the impugned order dated 11.6.2009, the posts of Dari Designer and Carpet Designer have been kept in one category, and accordingly at Serial No.25 of the said Government Order, the pay-scale has been provided to which the petitioner is entitled being Carpet Designer.
5. Learned Standing Counsel submits that the post of Dari Designer and Carpet Designer were existing separately since beginning and merely because of the Government Order dated 11.06.2009 and enactment of Uttar Pradesh Jail Administration and Reform Department Technical (Group-C) Services Rules, 2011, the post of Carpet Designer would not merge in the post of Dari Designer, and as such, the petitioner being Carpet Designer is not entitled for pay-scale as provided under the Government Order dated 11.6.2009.
6. I have carefully considered the submissions of the learned counsel for the parties, and perused the records.
7. Undisputedly, the petitioner was appointed on the post of Carpet Designer in Central Jail, Bareilly by an order dated 15.7.1992 passed by the Director Karagar Udyog U.P.. The petitioner was confirmed on the said post by an order dated 30.6.1998. The services of Carpet Designers and Dari Designers were regulated by the Uttar Pradesh Jail Department Technical and Educational Services Rules, 1983. The qualification for the post of Dari Designer (cotton carpet) under the Rules, 1983 was High School alongwith I.T.I. while the qualification prescribed for the post of Carpet Designer was intermediate with three years diploma from a Government Institution or any institution recognized by the Government.
8. By the Government Order dated 11.6.2009, the nomenclature, pay-scale and educational qualifications of Dari Designer and Carpet Designer were reorganized and both have been kept in one category and one pay-scale. For ready reference, the relevant portion of the Government Order dated 11.6.2009 is reproduced below:
'kklukns'k la[;k&[email protected]&12008&12 ¼[email protected] fnukad 11 twu] 2009½
orZeku fLFkfr
iquZxBu ds i'pkr dh fLFkfr
dzÛ laÛ
inuke
osru cS.M xzsM osru ¼:Û½
inuke
osru cS.M xzsM osru ¼:Û½
1Û&24Û
25Û
njh fMtk;uj
5200&20200&2400
izf'k{kd&[email protected] dkyhu fMtk;uj
9300&[email protected]
bUVjehfM,V ds lkFk jktdh; vFkok ljdkj }kjk ekU;rk izkIr laLFkk ls lEcfU/kr VªsM esa 03 o"khZ; fMIyksekA
9. Subsequently, in exercise of powers conferred under Article 309 of the Constitution of India, the Governor of Uttar Pradesh framed "The Uttar Pradesh Jail Administration and Reform Department Technical (Group-C) Services Rules, 2011" as notified by Notification No.1417 dated 22.12.2011. Rule 21 of Part 7 of the aforesaid Rules, 2011 provides for the name of post, pay band and grade pay wherein the post of Dari/Carpet Designer as mentioned at Serial No.16 with pay-scale is as under:
Dz0 la0
Ikn dk uke
osrueku
osru cS.M dk uke
rRln`'k osru cS.M ¼:i;k½
rRln`'k xszM osru ¼:i;k½
1&15
vuqns'kd] [email protected] fMtk;uj
osru cS.M&2
9300&34800
10. The qualification of Instructor Dari/Carpet Designer has been provided in Rule 16 of Part 4 of the aforesaid Rules, which is as under:
mRrj izns'k 'kklu
dkjkxkj iz'kklu ,oa lq/kkj vuqHkkx&1
la[;k&[email protected]&1&2011¼102½@06Vh0lh0
y[kuÅ % fnukad 22 fnlEcj] 2011
¼16½ vuqns'kd] [email protected] fMtk;uj&
¼,d½ ek/;fed f'k{kk ifj"kn] mRrj izns'k dh b.Vj
ehfM,v ijh{kk ;k ljdkj }kjk mlds led{k ekU;rk izkIr dksbZ ijh{kk vo'; mRrh.kZ dh gksA
¼nks½ fdlh ljdkjh laLFkk ;k ljdkj }kjk mlds led{k ekU;rk
izkIr fdlh laLFkk ls VsDlVkby fMtkbu O;olk; esa rhu o"kZ dk fMIyksek gksuk vko';d gS A
11. From the facts and provisions as noted above, it is clear that the statutory rules do not make any difference either in the qualification or in the pay-scale of Instructor Dari/Carpet Designer and both the posts are at par.
12. Under the circumstances, the impugned orders dated 19.5.2014 and 30.5.2014 holding that the pay-scale of Dari Designer as provided under the aforesaid Rules, 2011 or that the benefit of the Government Order dated 11.06.2009 shall not be available to Instructor Carpet Designer, is incorrect.
13. In view of the above discussion, the impugned orders dated 19.5.2014 and 30.5.2014 cannot be sustained and are hereby set aside. The matter is remitted back to the respondent no.2-Principal Secretary, Jail Administration and Reforms Department, Government of U.P., Lucknow to pass an order afresh, in accordance with law, in the light of the observation made above, with regard to the pay-scale and grade pay of Instructor Carpet Designer, as expeditiously as possible, preferably within a month from the date of production of a certified copy of this order.
14. In the result, the writ petition succeeds and is hereby allowed to the extent, as indicated above.
Order Date :- 30.10.2015
Ajeet
