Allahabad High Court
State Of U.P. & Others vs Vijay Singh & Another on 11 August, 2010
Bench: Sunil Ambwani, Kashi Nath Pandey
Court No. - 32 Case :- SPECIAL APPEAL DEFECTIVE No. - 240 of 2006 Petitioner :- State Of U.P. & Others Respondent :- Vijay Singh & Another Petitioner Counsel :- Addl. C.S.C.,Chandan Sharma,R.S. Prasad Respondent Counsel :- P.N. Ojha,V.D. Chauhan Hon'ble Sunil Ambwani,J.
Hon'ble Kashi Nath Pandey,J.
The Standing Counsel has sufficiently explained the delay of 110 days in filing the Special Appeal. The delay is accordingly condoned.
Heard learned Standing Counsel for the appellant. Shri V.D. Chauhan appears for petitioner-respondent.
Learned Single Judge in his judgment dated 24.11.2006 in Writ Petition No. 64251 of 2006 has not granted the relief to the petitioners individually. He has relied upon an earlier judgment of this Court dated 7.10.2005 in Writ Petition No. 16768 of 2003 Vijay Singh and others vs. State of UP and others in which this Court directed the State to consider the question of disparity in pay scales applicable to Readers in the District Consumer Forums. A direction was issued that the State Government will consider the qualification; the work and the responsibilities of the posts in detail and find out whether there was any discrimination in giving the pay scale of Rs. 4000-6000 to the petitioners, whereas the similarly situated persons were getting pay in the pay scale of Rs. 4500-7000. The writ petition was disposed of giving same benefit of consideration of the State Government to the petitioners as well.
Learned Standing Counsel would submit that wrong fixation in the pay scales cannot be a ground of parity to grant similar scales to other similarly situated employees. Article 14 of the Constitution of India does not have any scope or content for negative equality.
Learned Single Judge has not decided the case on merits. He has left the matter to be considered and decided by the State Government. Learned Standing Counsel is not in a position to state whether this judgment has been complied with by the State Government.
The Special Appeal is dismissed.
Order Date :- 11.8.2010 RKP