Smt. Durga Verma vs State of U.P. and Others

M. Katju and Prakash Krishna, JJ.—Heard learned counsels for the parties.

The petitioner is widow of one late Shri Sheil Verma who was an Additional District Judge in U. P. Judicial Service who died in a road accident on 26.6.1994. The petitioner being his widow applied for appointment on compassionate ground and she was appointed as O.S.D. in Legal Cell in the State Law Office at High Court, Allahabad on 16.9.1999.

The petitioner is claiming pay parity with one Smt. Laxmi Sharma who is also widow being wife of an Additional District Judge who died in harness and she was also appointed on compassionate ground as O.S.D. in the pay scale of Rs. 8,000 - 13,500. Smt. Laxmi Sharma is presently working in U. P. Civil Secretariat. The petitioner''s pay scale is Rs. 6,500 -10,500.

Learned counsel for the petitioner has relied on the decision of the Supreme Court in Surya Kant Kadam Vs. State of Karnataka and Others, . In our opinion, this decision applies to the facts of the present case also since the petitioner as well as Smt. Laxmi Sharma both were appointed on compassionate ground as O.S.D. after the death of their husbands (who were A.D.Js) in harness. In our opinion, both should be given parity.

Hence, we allow this petition and quash the impugned order dated 20.3.2001 and direct that the petitioner shall be given parity of pay scale with Smt. Laxmi Sharma forthwith.