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Smt.Mariyam Joyel v. Director, Medical Education And Training And Others - WRIT - A No. 53978 of 1999  RD-AH 5395 (26 March 2007)
Civil Misc. Writ Petition No. 53978 of 1999
Smt. Mariyam Joyel ............................................................ Petitioner
Director Medical Education &
Training and others ............................... Respondents
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner and the learned standing counsel. Counter and rejoinder affidavits have been exchanged and with the consent of parties the writ petition is being finally disposed of.
The petitioner has been permitted to amend the writ petition by adding a relief to quash the order dated 24.2.2001 passed by the State Government rejecting the representation of the petitioner. The petitioner was appointed as Clinical Instructor on 18.8.1987 in the pay scale of Rs. 622-940 in Nursing & Training College, Kanpur. By Government order dated 30.8.1990 the Clinical Instructors were granted pay scale of Rs.1600-2660. The petitioner's pay was thus revised in the pay scale of Rs.1600-2660 in pursuance of the recommendations of the Samta Samiti (1989). Subsequently the pay scale was again revised from 1.1.1996 and the petitioner's salary was accordingly fixed on 26.2.1998 at the time of fixation the existing pay scale of the petitioner referred as Rs.1600-2660. Petitioner's case in the writ petition is that her pay scale of Rs.1600-2660 was already amended and sanctioned as Rs.1640-2900 by virtue of Government order dated 26.11.1993 but the said Government order was not with the Principal at the relevant time and the salary of the petitioner was fixed in the pay scale of Rs.1600-2660. Learned counsel for the petitioner contends that in this writ petition an order was passed by this Court on 21.12.1999 directing the respondent no. 3 to take decision in respect of the representation of the petitioner dated 15.11.1999. In pursuance of the said order the decision has been taken by the State Government on 24.2.2001 which has been challenged in this writ petition.
I have considered the submissions of counsel for the petitioner and perused the record.
From the order dated 24.2.2001 impugned in the writ petition it is clear that the said order proceeds on the basis that in Government order dated 30.8.1990, the pay scale of Clinical Instructor was as Rs.1600-2660. Subsequently, the same pay scale was revised into Rs. 5000-8000/- and the petitioner is being paid salary accordingly. In the impugned order although the Government order dated 30.8.1990 has been referred but the said order does not take notice of the Government order dated 22.5.1993 which has been filed by the State along with the supplementary counter affidavit dated 23.2.2007. The State Government issued Government order dated 22.5.1993 by which it has been communicated that the State Government has granted permission to amend the earlier Government order dated 30.8.1990 and 1.2.1990 sanctioning the pay scale of Rs. 1640-2900 for Clinical Instructor . Thus according to the Government orders dated 22.5.1993 the petitioner was clearly entitled for the pay scale of Rs. 1640-2900/-. The petitioner's pay fixation with effect from 1.1.1996 has been made on the basis of treating the petitioner's existing pay scale as Rs.1600-2660/-. The letter of the Principal dated 31.5.2006 has also been filed by the State Government as Annexure 6 to the supplementary counter affidavit by which the Principal has prayed for giving copy of the Government order dated 22.5.1993 by which the Clinical Instructor's pay scale has been sanctioned Rs. 1640- 2900/- instead of Rs.1600-2660/-. From the aforesaid it is clear that the petitioner's pay was fixed treating his pay scale of Rs. 1600-2660 after 1.1.1996 which is apparent from Annexure-4 to the writ petition which is the fixation of the pay of the petitioner in pursuance of the Government order dated 22.12.1997 and 23.12.1997 after revision of the pay scale from 1.1.1996. Thus there is error in the fixation of the pay of the petitioner according to the Government order dated 30.8.1990 and 1.2.1990 as modified vide order dated 22.5.1993 the pay scale of the Clinical Instructor was Rs.1640-2900 instead of Rs. 1600-2660. The petitioner was clearly entitled for fixation in accordance with the Government order dated 22.5.1993 which has not been done. The order of the State Government dated 24.2.2001 rejecting the representation of the petitioner does not take notice of the Government order dated 22.5.1993 hence cannot be sustained. In view of the aforesaid ends of justice be served in directing the respondent no. 4 to re-fix the salary of the petitioner treating her pay scale as Rs.1640-2900 as per Government order dated 22.5.1993. Subsequent fixation be accordingly made .
Consequently the writ petition is allowed partly and a direction is issued to respondent no. 4 to re-fix the salary of the petitioner expeditiously preferably within a period of two months from the date of production of a certified copy of this order. It is needless to say that in consequence of re-fixation the petitioner shall be entitled for consequential benefits in accordance with law.
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