High CourtsDivision Bench(2011) 09 AHC CK 0199

Dr. Kaushal Pati Tiwari vs State of U.P. and Another

Allahabad High Court · Decided on 27 September 2011

HON’BLE JUDGES
Vineet Saran, J · Ran Vijai Singh, J
CASE NUMBER
Writ A. No. 56456 of 2011

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Judgment

7 paragraphs · 300 words
1.

Heard Learned Counsel for the parties.

2.

Grievance of the Petitioner is that in pursuance to the advertisement, he was selected and appointed on the post of Medical Officer. In the advertisement for selection on the post of Medical Officer, the pay-scale of Rs. 850-1720 was provided. However, while appointing the Petitioner on the post of Medical Officer, his salary was fixed to Rs. 2,200/-. Later on, the Petitioner''s services have been regularised.

3.

It is further submitted by the Petitioner''s counsel that in pursuance to the tribunal''s judgment and order, one Dr. Ram Bharat Verma has been given regular pay-scale from the date of initial order of appointment. A copy of the order dated 14.12.2009 granting the pay-scale to Dr. Ram Bharat Verma has been filed as Annexure No. 5 to the writ petition. The Petitioner''s counsel has relied upon a case reported in (2006) 12 SCC 435 Union of India and Ors. v. Carpenter Workers Union and Ors. while claiming parity with Dr. Ram Bharat Verma.

4.

Controversy involves disputed question of facts. The Petitioner has already submitted a representation to ventilate his grievance.

5.

Accordingly, without entering into the merit of the controversy, the writ petition is finally disposed of directing the Principal Secretary of the department to look into the matter and take a decision on the Petitioner''s representation dated 24.12.2009(Annexure-7) in accordance with law keeping in view the judgment rendered by Hon''ble Supreme Court in the case of Carpenter Workers Union (supra) by passing a speaking and reasoned order expeditiously and preferably within a period of four months from the date of receipt of a certified copy of this order and communicate the decision to the Petitioner.

6.

Subject to above, the writ petition is finally disposed of.

7.

No order as to costs.