Devendra Bahadur Singh vs State of U.P.and Others

V.M. Sahai, J.—Heard Sri S.K. Srivastava, learned Counsel for the petitioners and learned Standing Counsel appearing for the respondents.

Petitioner No. 1 is working as electrician in District Jail, Muzaffarnagar and petitioner No. 2 is working as electrician in Naini Central Jail, Naini, Allahabad. The post of electrician is a Class III post. The petitioners were paid salary in the pay scale of Rs. 27504400. The petitioners have filed this petition claiming parity in payscale on the ground that in Mahoba Jail, the electrician are being paid the pay scale of Rs. 30504590 whereas in the petitioners, jail the payscale of Rs. 27504400 is being paid to the petitioners. In paragraph 6 of the counteraffidavit it has been stated that the payscale of Rs. 30504590 is paid to those electricians who had passed High School and I.T.I. examinations and for those who did not possess the aforesaid qualifications, the payscale of Rs. 27504400 is sanctioned. In paragraph 3 of the writ petition it had been stated that both the petitioners are Intermediate with I.T.I. training and they have also completed apprenticeship training. Since both the petitioners have passed High School and have also passed I.T.I. training, they are entitled to the higher payscale of Rs. 30504590 according to the own version of the respondents.

In the result, the writ petition succeeds and is allowed. A writ of mandamus is issued directing the respondents to provide pay scale of Rs. 30504590 to the petitioners including the arrears within a period of four months from the date a certified copy of this order is produced before respondent No. 2.

Parties shall bear their own costs.