Gajendra Kumar Singh & others vs State of Uttarakhand & others

Heard Mr. Kishore Kumar, learned counsel for the petitioner, Mr. Vikas Pande, Brief Holder for the State of Uttarakhand and perused the records.

Petitioners are serving as Lab Assistant in different Government aided Degree Colleges, who have filed this writ petition challenging the order dated 26.05.2015 whereby their claim for grade pay of Rs. 2400, w.e.f. 01.01.2006, has been rejected. Order dated 26.05.2015 provides that petitioners can be given grade pay of Rs. 2400/- only w.e.f. 29.10.2013, on the ground that Government Order dated 29.10.2013 provides for pay revision of petitioners with effect from the date of issuance of said Government Order. It is the case of petitioners that Lab Assistants serving in Government Degree Colleges were granted grade pay of Rs. 2400 w.e.f. 01.01.2006, therefore, the decision taken to grant them this benefit only from 29.10.2013 is unjust.

It is the case of the petitioners that duties & responsibilities, educational qualification etc. are same in respect of Lab Assistant serving in Government colleges as well as in Government aided colleges, therefore, pay parity should be maintained on the principle of "equal pay for equal work."

Mr. Kishore Kumar, learned counsel for the petitioners submits that Lab Assistant serving in Government colleges as well as Government aided colleges belong to one homogeneous class. The State Government has also recognized this fact in successive pay revisions by maintaining pay parity between them. Thus, according to him, the reason assigned in the impugned Government Order dated 26.05.2015 for not granting grade pay of Rs. 2400 from 01.01.2006 is unsustainable. He further submits that benefit of pay revision was given to all employees w.e.f. 01.01.2006, therefore there is no justification for revising pay scale of the petitioners only from 29.10.2013.

Sri Vikas Pande, learned Brief Holder for the State, on the other hand, submits that relief sought by the petitioner in the writ petition is misconceived as grade pay of Rs. 4600 is not payable to any Lab Assistant in any Government Degree College or University. He further submits that the disparity between Lab Assistants, serving in Government degree colleges and private aided colleges, has been removed by the State Government vide Government Order dated 29.10.2013.

After considering rival contentions of the parties, this Court is of the opinion that the reason assigned for not granting grade pay of Rs. 2400 to the petitioners'' w.e.f. 01.01.2006 is not valid. Grade pay of Rs. 2400 is granted to petitioners vide Government Order dated 29.10.2013 does not appear to be valid reason for denying the relief claimed by the petitioners. When the State Government has accepted that petitioners are entitled for grade pay of Rs. 2400, then some cogent reason ought to have been recorded for not granting grade pay of Rs. 2400 w.e.f. 01.01.2006. In such view of the matter, the impugned order dated 26.05.2015 deserves to be quashed and is hereby quashed.

Accordingly, the writ petition is disposed of with direction to respondent No. 1 - Principal Secretary, Higher Education, Uttarakhand Government to reconsider the matter and pass a reasoned and speaking order, in accordance with law, within a period of ten weeks from the date of presentation of certified copy of this order.

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