Kamal Deep Nirala and Ors v. State of U.P. Thru. Addl. Chief Secy. Medical and Health Andors

Court No. - 8 Case :- WRIT - A No. - 20255 of 2021 Petitioner :- Kamal Deep Nirala And Ors. Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical And Health Andors. Counsel for Petitioner :- Sanjay Misra,Mrs. Anju Raghuvansh,Niranjan Singh Counsel for Respondent :- C.S.C. Hon'ble Dinesh Kumar Singh,J.

¶1Heard Shri Sanjay Misra, learned counsel for the petitioners and Shri Ashwani Kumar Singh Rathore, learned Standing Counsel appearing for the State-respondents.

¶2The present petition under Article 226 of the Constitution of India has been filed seeking grade pay of Rs.2800/- as is being paid to other similarly placed Health Workers, who were appointed on or before

01.12.2011.

¶3The petitioners have been appointed after due selection on the post of Health Worker (Male and Female) in the Health Department, Government of Uttar Pradesh. Admittedly, they have been appointed after 01.12.2011. The petitioners are given same pay scale of Rs.5200-20200/- as is being given to the Health Workers who were appointed before 01.12.2011. The only difference is fixation of grade pay inasmuch as the petitioners are being paid grade pay of Rs.2000/- whereas the similarly placed Health Workers appointed on or before

01.12.2011 are being paid grade pay of Rs.2800/-.

¶4Shri Sanjay Misra, learned Counsel for the petitioners submits that paying different grade pay to similarly appointed Health Workers on the ground of difference in their dates of appointment is wholly discriminatory and is in violation of Articles 14 and 16 of the Constitution of India. He further submits that the petitioners are also entitled to be given the grade pay of Rs.2800/- as is being given to the similarly placed Health Workers who were appointed on or before

01.12.2011.

¶5Shri Ashwani Kumar Singh Rathore, learned Standing Counsel for the State-respondents submits that the difference in grade pay is being given in pursuance of the government order dated 19.12.2011 which provides that the Health Workers appointed after 01.12.2011 would be given grade pay of Rs.2000/-. This Court asked a specific question to learned Standing Counsel that what was the basis for paying different grade pay to the Health Workers appointed on or before 01.12.2011 and the Health Workers appointed after 01.12.2011? to which he fairly submits that no reasoning is discernible in the government order except for cut of date for fixing the grade pay of Rs.2000/- instead of Rs.2800/-.

¶6This Court finds that the executive instructions of the government order is in violation of Article 14 of the Constitution of India. The Government cannot discriminate in the matter of payment of salary in respect of similarly appointed Health Workers only on the basis of their dates of appointment.

¶7In view thereof, the present petition is allowed. The respondents are directed to pay grade pay of Rs.2800/- to the petitioners as is being paid to other similarly placed Health Workers from the date of their appointment. The arrears should be paid to the petitioners within a period of four months from today. (Dinesh Kumar Singh, J.) Order Date :- 4.7.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench