The Lucknow Bench of the Allahabad High Court said that 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.
A Single Bench of Justice Dinesh Kumar Singh heard the petition filed by Kamal Deep Nirala and Ors.
The 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.
The 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 the 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/-.
Sanjay Misra, Counsel for the petitioners submitted 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 submitted 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.
Ashwani Kumar Singh Rathore, Standing Counsel for the State-respondents submitted 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/-.
The Court asked a specific question to the 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 submitted that no reasoning is discernible in the government order except for a cut of date for fixing the grade pay of Rs 2000/- instead of Rs 2800/-.
“The Court finds that the executive instructions of the government order are 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”, the Court observed while allowing the petition.
“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”, the Court ordered.