Court No. - 32 Case :- SPECIAL APPEAL DEFECTIVE No. - 241 of 2007 Petitioner :- State Of U.P. & Others Respondent :- Satyendra Kumar Petitioner Counsel :- S.P. Keserwani,S.C. Respondent Counsel :- S.B. Saroj Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
The Standing Counsel has sufficiently explained the delay of 58
days in filing the Special Appeal. The delay is accordingly
condoned.
Heard learned Standing Counsel for the appellant. Shri N.K.
Mishra 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