Neutral Citation No. - 2025:AHC-LKO:18547 Court No. - 8 Case :- WRIT - A No. - 3555 of 2025 Petitioner :- Smt. Reeta Devi And 2 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Ministry Of Medical And Health Lko. And 2 Others Counsel for Petitioner :- Sudhaker Prakash Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the respondent State. 2. By means of the instant writ petition, the petitioners claim the following reliefs :- "(i). Issue a writ, order or directions in the nature of mandamus, commanding the opposite parties to pay the grade of Rs.2800/- as is being paid to the similarly situated persons appointed on or before 1.12.2011 ignoring the government order dated 19.12.2011. (ii). Issue a writ, order or directions in the nature of certiorari quashing for quashing the government circular dated 19.12.2011 as contained in Annexure No.1 to this writ petition. (iii). Issue a writ, order or directions in the nature of mandamus, commanding the opposite parties to pay the arrears of salary from the respective date of appointment of the petitioners in the pay grade of Rs.2800/-." 3. Learned counsel for the petitioners submits that the issue involved in the instant writ petition has already been decided by a Co-ordinate Bench of this Court in Writ -C No.20255 of 2021 : Kamal Deep Nirala and another Vs. State of U.P. and another as such the instant writ petition may be allowed and the petitioners may also be extended the benefit given in the case of Kamal Deep Nirala and another (supra). 4. Learned Standing Counsel could not dispute the fact that the issued raised in this petition has been decided by a Co-ordinate Bench of this Court in the case of Kamal Deep Nirala and another ( supra). 5. The Co-ordinate Bench of this Court in Writ-C No.20255 of 2021 (supra) while allowing the writ petition on 4.7.2023 has passed the order which is being reproduced as under :- "1. Heard Shri Sanjay Misra, learned counsel for the petitioners and Shri Ashwani Kumar Singh Rathore, learned Standing Counsel appearing for the State-respondents. 2. The present 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. 3. 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 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/-. 4. Shri Sanjay Misra, learned Counsel for the petitioners submits 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 submits 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. 5. Shri Ashwani Kumar Singh Rathore, learned Standing Counsel for the State-respondents submits 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/-. This Court asked a specific question to learned 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 submits that no reasoning is discernible in the government order except for cut of date for fixing the grade pay of Rs.2000/- instead of Rs.2800/-. 6. This Court finds that the executive instructions of the government order is 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. 7. In view thereof, the present petition is allowed. 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 from today." 6. In the light of the above, this Court is of the view that the petitioners are similarly situated, hence they are also entitled to get benefit of order dated 4.7.2023 passed in Writ-C No.20255 of 2021 (supra). 7. Accordingly, the petition is allowed. The respondents are directed to grant the petitioners the Grade Pay of Rs.2,800/-, as is being provided to similarly situated persons ignoring the Circular dated 19.12.2011 which has been held to be arbitrary. The arrears shall also be paid to the petitioners within four months from today. 8. The petitioners are directed to produce certified copy of this order, before the respondent concerned, alongwith copy of the judgement dated 4.7.2023 passed in Writ-C No.20255 of 2021. 9. Office is directed to issue certified copy of this order alongwith copy of the judgement dated 4.7.2023 passed in Writ-C No.20255 of 2021. Order Date :- 3.4.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench