Abdul Aziz and Others vs State of U.P. and Others

Amreshwar Pratap Sahi, J.—All the Petitioners are in the employment of this Court and are claiming benefits of promotional pay scale.

These 12 Petitioners have prayed for a certiorari quashing the order dated 15.3.2007 whereby the promotional pay scale has been awarded to 8 employees of the same cadre in the light of the Government orders issued from time to time. The challenge is on the ground that the Petitioners have been discriminated in spite of the fact that they have put in sufficiently long years of service and are even otherwise eligible and performing all such duties as are being performed by the selected candidates.

Learned Counsel submits that the selections have been made arbitrarily and, therefore, the impugned order be set aside and the Petitioners be also awarded the same relief of promotional pay scale.

A counter-affidavit has been filed on behalf of the High Court and Sri Yashwant Verma, learned Counsel for the Respondents, has invited the attention of the Court to the Government order dated 29.6.2005 under which the said promotional pay scale has been awarded. He submits that all the 8 selected candidates fulfil the criteria laid down in the said Government order whereas the Petitioners are neither eligible nor qualified to receive the said benefit. It is submitted that the Government order requires the minimum educational qualification of High School and in addition thereto a technical qualification of having a Diploma in industrial training coupled with an experience of at least one year in an institution equivalent to the establishment in which they are working.

From the records, it appears that the Petitioner Nos. 1, 2, 4, 6, 7 and 8 have not even passed their High School and, as such, they do not possess the minimum educational qualification. In view of this, these Petitioners cannot even be considered for the said claim made by them.

The rest of the Petitioners even though may have passed their High School, yet they do not possess the technical qualification as prescribed in the said Government order. Learned Counsel for the Petitioner has filed a supplementary-affidavit and rejoinder-affidavit in response to the order passed by this Court on 23.3.2007 yet nothing has been brought on record which may establish that the Petitioners are either qualified or eligible in terms of the said Government order for award of the said promotional pay scale.

On the other hand, the selected candidates possess all the qualifications as prescribed in the Government order and which has been placed before the Court through a Chart prepared by the High Court and appended alongwith the counter-affidavit.

In view of this uncontroverted position, there is no merit in the writ petition. The writ petition is, accordingly dismissed.