Allahabad High Court
Sichai Sangh U.P. & Others vs State Of U.P. & Others on 4 February, 2010
Author: Amreshwar Pratap Sahi
Bench: Amreshwar Pratap Sahi
Court No. - 38 Case :- WRIT - A No. - 5389 of 2010 Petitioner :- Sichai Sangh U.P. & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Raj Kumar Singh,Amit Saxena,P.N. Saksena Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
The contention raised by the petitioners is that they were part time Tube Well Operators, who were extended all benefits equivalent to that of full time Tube Well Operators in the Order dated 3rd of March, 1998.
Sri P.N. Singh, learned Standing Counsel contends that once such benefit has been extended then the petitioners were to be considered at par for all purposes including conditions of pay scales and such other emoluments that were admissible to the full time Tube Well Operators. He submits that in order to avail the selection grade and the promotional pay scale respectively under the Government Order dated 2nd of December, 2000, the only requirement is that the petitioners should have been regularized and the criteria of continuous service as indicated therein would have to be counted including the period of service rendered by the petitioners prior to their regularization. He submits that the Government Order dated 2nd December, 2000 does not use the words substantive service for the purpose of grant of selection grade or even for the purpose of counting the years in relation to promotional pay scale.
It is further submitted that such benefits have been extended in other decisions but the petitioners who are of the Allahabad Division have been denied the said benefit.
There is a third contention in relation to the applicability of the pension scheme.
Sri Saxena contends that no discrimination could have been practiced and the same is violation of Article 14 of the Constitution of India.
Issue show cause to the respondents calling upon them to explain as to why the petitioners have been denied these benefits as claimed by them aforesaid by filing a counter affidavit within three weeks.
List thereafter.
Order Date :- 4.2.2010 Sahu