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Som Prakash Singh Chauhan And Others v. State Of U.P. And Others - WRIT - A No. 26408 of 1997  RD-AH 14716 (29 August 2006)
Hon. Dilip Gupta, J.
The petitioners are working as Superior Field Workers in the Urban Malaria Programme, Moradabad. They have filed this petition for a direction upon the respondents to pay them the pay scale of Rs. 975-1660 on the basis of the recommendations dated 6.3.1989 made by the Samta Committee.
The contention advanced by the learned counsel for the petitioners is that in accordance with the provisions of Clause 3(10) of the aforesaid report since there is no promotional post available, the pay scale of Rs. 975-1660, which is the pay scale of Malaria Inspector, should be provided to them.
In the counter affidavit, it has been stated that the provisions of Clause 3(10) of the Samta Report stipulate that when there is no promotional post available, then in that situation, the next higher pay scale should be given. Therefore, the Field Workers who were working in the pay scale of Rs. 750-940 were granted the pay scale of Rs. 775-1025 whereas the Superior Field Workers who were working in the pay scale of Rs. 775-1025 were granted the pay scale of Rs. 825-1200. The petitioners, who were working as Superior Field Workers were, therefore, rightly granted the next higher pay scale of Rs. 825-1200.
The contention of the learned counsel for the petitioners is that the pay scale of the next post i.e. the Malaria Inspector, which was Rs. 975-1660, should be granted to them and not the next higher pay scale. Such a contention cannot be accepted in view of the provisions of Clause 3(10) of the Samta Report as it merely provides for the grant of next higher scale, which in the present case is Rs. 825-1200. Thus there is no infirmity in the decision taken by the authorities to grant the pay scale of Rs. 825-1200 to the petitioners.
The writ petition is, accordingly, dismissed.
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