# Bajrangi Pandey and another v. State of Uttar Pradesh and another

- **Citation:** (2002) 3 ILRA 688
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2002-09-10
- **Case number:** Special Appeal No. 724 of 1994
- **Bench:** S.K. Sen, C.J. R.K. Agarwal
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/bajrangi-pandey-and-another-v-state-of-uttar-pradesh-and-another-39961
- **Pages:** 4

## Headnote

High Court Rules- Chapter VIII Rule 5 -
Revised pay scales of stenographers on
the basis of recommendations of the
second
pay
commission-
all
those
stenographers who are attached with
the Head of Minor Department were held
to be entitled to the revised pay scale.

Held- para 11

We hold that the learned Single Judge
was not justified in arriving at conclusion
that the revised pay scale of Rs.5701100
is
applicable
only
to
those
stenographers who are attached with
the District Judge Members of Tribunal
and Chairman of Co operative Tribunals.
The appellants writ petitioners are,
therefore, entitled to be placed in the
revised pay scale of Rs.570-1100.

## Text

http://www.allahabadhighcourt.nic.in
688 INDIAN LAW REPORTS ALLAHABAD SERIES [2002
by the State Government and the court
should not interfere in it, is not applicable
in the facts and circumstances of the
present case. The Court is not interfering
in any policy decision with respect to
absorption/appointment of an employee,
taken by the State government. It is only
considering the matter in the light of the
policy decision taken by the state
government,
as
contained
in
the
Government order dated 23.3.1981 and
21.7.1984 and had come to the conclusion
that the appellants - writ petitioners are
entitled for relaxation of upper age limit
for a maximum period of ten years.

16. In view of the foregoing
discussion, both the appeals succeed and
are allowed.

17. The impugned judgment and
order passed by the learned Single Judge
is set a side. The order dated 5.5.2000
passed by the Deputy Director of
Agriculture is set aside. The respondents
are directed to consider the question of
absorption of both the appellants- writ
petitioners by giving them age relaxation
of ten years as on 12.12.1986 i.e. from the
date of making of the application within
three months from the date a certified
copy of this order is produced before
them.

18. In view of the foregoing
discussions, both the appeals succeed and
are allowed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 10.9.2002

BEFORE
THE HON'BLE S.K. SEN, C.J.
THE HON'BLE R.K. AGARWAL, J.

Special Appeal No. 724 of 1994

Bajrangi Pandey and another...Petitioner
Versus
State of Uttar Pradesh and another

 ...Respondents

Counsel for the Appellants:
Sri H.S.N. Tripathi

Counsel for the Respondents:
Sri Sabhajit Yadav
S.C.

High Court Rules- Chapter VIII Rule 5 -
Revised pay scales of stenographers on
the basis of recommendations of the
second
pay
commission-
all
those
stenographers who are attached with
the Head of Minor Department were held
to be entitled to the revised pay scale.

Held- para 11

We hold that the learned Single Judge
was not justified in arriving at conclusion
that the revised pay scale of Rs.5701100
is
applicable
only
to
those
stenographers who are attached with
the District Judge Members of Tribunal
and Chairman of Co operative Tribunals.
The appellants writ petitioners are,
therefore, entitled to be placed in the
revised pay scale of Rs.570-1100.

(Delivered by Hon'ble R.K. Agarwal, J.)

1. The present special appeal has
been filed by Bajrangi Pandey and Ram
Mohan Singh against the judgment and
order dated 6th September, 1994 passed by
the learned Single Judge in Civil Misc.
http://www.allahabadhighcourt.nic.in
3 All] Bajrangi Pandey and another V. State of U.P. and another
689
Writ petition no. 5389 of 1982 dismissing
the writ petition and holding that the
clause (iii) of the Notification dated
29.9.1981 is not applicable in the case of
the appellant- writ petitioners.

2. Briefly stated the facts giving rise
to the present case are that the appellants-
writ petitioners are holding the post of
Stenographers and posted in the office of
Superintending Engineer, Circle V &
XVIII at Allahabad. The pay scale of the
post of stenographer on which the
appellants- writ petitioners are working
was
Rs.250/-
425/-.
The
State
Government
constituted
Second
Pay
Commission for considering the revision
of the pay scales of its employees. The
recommendation made by the Second Pay
Commission has been accepted by the
State Government vide Notification dated
29.9.1981. The second pay commission
recommended the following pay scale of
the
stenographers,
which
has
been
accepted by the State Government.

"(x) tks vkk'kqfyfid bl le; :0250&425 ds
osrueku esa gSa mUgsa :0470&735 dk iqujhf{kr
osrueku fn;k tk; rFkk tks vk'kqfyfid bl le;
:0300&500 ds osrueku esa gSa mUgsa :0515&860
dk lk/kkj.k osrueku vkSj :0680&920 dk
lsysD'ku xzsM fn;k tk; A lkFk gh NksVs foHkkxksa ds
foHkkxk/;{k ftUgsa :01840&2400 ds osrueku esa
j[kk x;k gS] cM+s foHkkxksa ds vfrfjDr foHkkxk/;{k]
ftyk vf/kdkjh] ftyk tt] vf/kdj.k ds lnL;
rFkk lgdkfjrk vf/kdj.k ds v/;{k ls lEc+)
vk'kqfyfidksa dks :0570&1100 dk osrueku fn;k
tk; ijUrq ftyk vf/kdkjh vkSj ftyk tt ls lEc)
vk'kqfyfidksa dks fo'ks"k osru u fn;k tk; A
e.Myk;qDr] cM+s foHkkxksa ds foHkkxk/;{k] vf/kdj.kksa
ds v/;{k (lgdkfjrk vf/kdj.k dks NksM+dj) ls
lEc) vk'kqfyfidksa dks :0625&1360 dk osrueku
fn;k tk;A"

3.

Both
the
appellant-
writ
petitioners are working as stenographer in
the office of the Superintending Engineer
who is head of the department in the pay
scale of Rs.1840- 2400. The case of the
appellants- writ petitioners are that they
are entitled for the pay scale of Rs.5701100. However, the Deputy Secretary
vide order dated 14.4.1982, directed that
the appellants- writ petitioners are entitled
for the pay scale of Rs.470-735. No order
was passed by the State Government on
the representation made by the appellants-
writ petitioners.

4. Before the learned Single Judge,
it was contended on behalf of the
appellants- writ petitioners that they are
working
in
the
office
of
the
Superintending Engineer, who is the Head
of the Department, in the pay scale of
Rs.1840-2400 and as per clause (Ga) of
the Notification dated 29.9.1981 they are
entitled for the pay scale of Rs.570-1100.
On the other hand, the stand taken by the
State was that a harmonious interpretation
has to be given to the various clauses of
the report of the Second Pay Commission,
wherein, the pay scale of various
stenographers have been revised and fixed
and reference to the pay scale of the Head
of Department which has been given in
clause (Ga) cannot be read in the main
part and it is not in the dispute that the
appellants- writ petitioners were getting
the pay scale of Rs.250-425 prior to the
revision and, therefore, they have rightly
been placed in the pay scale of Rs.470735. It was further contended that the pay
scale of Rs.570 -1100 is provided only to
those stenographers who are working in
the office of the District Judge, Member
of the Tribunals and Chairman of Cooperative Tribunal and not to other
stenographer,
though
they
may
be
http://www.allahabadhighcourt.nic.in
690 INDIAN LAW REPORTS ALLAHABAD SERIES [2002
working under the officers who are in the
pay scale of Rs.1840-2400.

5. The learned Single Judge held
that the pay scale of Rs.570-1100 is to be
provided only for those stenographers
who are working in the offices of District
Judge, Member of Tribunals, Chairman of
Co-operative Tribunal. The pay scale of
officers concerned has also been given to
clarify their position. The learned Single
Judge held that the nature of the work of
stenographers, the quality of work of the
stenographers,
to
be
shared
and
confidence to be maintained by the
stenographers who are working with the
District Judges, Members of Tribunals or
the
Chairman
of
the
Co-operative
Tribunals stand on different footings than
those who are working under the
Administrative Officers. The nature of
work, efficiency, confidence, quality of
work of those stenographers who are
working under the class of the officers
enumerated
of
clause
(iii)
of
the
notification dated 29.9.1981 is altogether
of much higher standard and stand on
much
higher
pedestal
than
those
stenographers who are working under the
officers mentioned in clause (i).

6. We have heard Sri H.S.N. Tripathi
learned counsel for the appellant- writ
petitioners and Sri Sabhajit Yadav learned
standing
counsel
for
the
State
respondents.

7. The learned counsel for the
respective parties have raised the same
submissions and contentions before us as
were raised by them before the learned
single judge. In the present Special
Appeal
the
only
question
for
consideration is regarding clause Ga.of
Para 4 of the notification dated 29.9.1981
issued by the State Government, wherein
the recommendation made by the Second
Pay Commission revising the pay scale of
stenographers have been accepted. Clause
Ga. has already been reproduced above. It
provides new/revised pay scale to the
following categories of stenographers (i)
those stenographers currently in the pay
scale of Rs.250-425 shall be given
Rs.470-735 in revised pay scale, (ii) those
stenographers who are currently in the
pay scale of Rs.300-500 shall be given
pay scale of Rs.515-860 in the revised pay
scale and selection grade of Rs.680-920,
(iii) those stenographers who are attached
with the Head of Minor Department
except Head of Major Department,
District
Magistrate,
District
Judge,
Members of Tribunals and Chairman of
Co-operative Tribunals, shall be given
pay scale of Rs.570- 1100 in the revised
pay scale, but stenographers attached with
District Magistrate and District Judge
shall
not
get
Special
pay
(iv)
Stenographers attached with Divisional
Commissioner,
Head
of
Major
Departments, Chairman of Tribunals
excluding Co-operative Tribunals shall
get pay scale of Rs.625-1360.

8. From a reading of the aforesaid
recommendations of the Second Pay
Commission, it is clear that the Second
Pay Commission had recommended the
revised pay scales of Stenographers by
placing them in four categories. There
may be stenographers in the pay scale of
Rs.250-425, but may not be attached with
the Head of Minor Department placed in
pay scale of Rs.1840-2400. In respect of
such
categories
of
stenographers,
according
to
the
Second
Pay
Commission's report, which has been
accepted by the State Government, they
shall get revised pay scale of Rs.470-735.
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3 All] Yogendra Ram Chaurasiya V. State of U.P. and others
691
However, those stenographers who are in
the pay scale of Rs.250-425 but are
attached with the office of Head of Minor
Department placed in the pay scale of
Rs.1840-2400 shall be given revised pay
scale of Rs.570-1100. Thus, the pay scale
of Rs.570-1100 has been given to all
those stenographers who are attached with
the Head of Minor Department placed in
pay scale of Rs.1840-2400, Head of
Departments
excluding
Major
Department, District Magistrate, District
Judge,
Members
of
Tribunal
and
Chairman of Co-operative Tribunals.

9. It is not in dispute that the
Superintending Engineer with whom, the
appellant- writ petitioners have been
attached as stenographers has been
declared as Head of the Department for
the purpose of U.P. Fundamental Rules in
Part 1, and Part 2 and subsidiary Rules in
Part 3.

10. It is also not in dispute that the
Superintending
Engineer,
P.W.D.,
is
placed under the pay scale of Rs.18402400. Thus, the case of the appellant- writ
petitioners clearly fall within the aforesaid
sub-category and they are entitled to be
placed in the revised pay scale of Rs.5701100. The contention of the learned
standing counsel that the reference to pay
scale of Head of Minor Department, i.e.
1840-2400, is of no consequence, cannot
be accepted in as much as in the aforesaid
sub category of the stenographers, there
is specific mention that all Head of Minor
Department placed in the pay scale of
Rs.1840-2400 and stenographers attached
with such Head of Department, are
entitled to the revised pay scale of
Rs.570-1100.

11. In view of the aforesaid
discussions we hold that the learned
Single Judge was not justified in arriving
at conclusion that the revised pay scale of
Rs.570-1100 is applicable only to those
stenographers who are attached with the
District Judge, Members of Tribunal and
Chairman of Co-operative Tribunals. The
appellants- writ petitioners are, therefore,
entitled to be placed in the revised pay
scale of Rs.570-1100.

12. In the result, the Special Appeal
succeeds and the same alongwith writ
petition are allowed. The judgment and
order of the learned Single Judge is set
aside and the order dated 14.4.1982
passed
by
the
Deputy
Secretary
Government of U.P. in so far as it relates
to the fixation of revised pay scale of the
petitioners is quashed.
---------
APPELLATE JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 10.9.2002

BEFORE
THE HON'BLE S.K. SEN, C.J.
THE HON'BLE R.K. AGARWAL, J.

Special Appeal No. 319 of 1997

Yogendra Ram Chaurasiya
...Petitioner
Versus
State of U.P. and others ...Respondents

Counsel for the Appellant:
Sri Prakash Padia

Counsel for the Respondents:
Sri Ravi Prakash Srivastava
S.C.

High Court Rules- Chapter VIII Rule 5-
appointment under Dying in Harness
Rules- any appointment made under the
provisions of Dying in Harness Rules is to