Neutral Citation No. - 2025:AHC:125608 Court No. - 38 Case :- WRIT - A No. - 60807 of 2017 Petitioner :- Dr. Ashok Kumar Kaushik And 5 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamlesh Kumar,Rajesh Nath Tripathi Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents. 2. The present writ petition has been filed by the petitioners for the following reliefs: "I. Issue a writ, order or direction in the nature of certiorari quashing the part of the impugned order dated 31.03.2009 for not providing the benefit of Government Order dated 27.11.2007 by paying the salary w.e.f. their joining. II. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents that they shall pay salary to the petitioners in scale of Lecturer w.e.f. their date of joining according to Government Order dated 27.11.2007." 3. As the petitioners have been appointed as honorarium lecturers in 2006. When they were not given benefit of the Government Order dated 21.11.2007, they approached this Court along with others by way of filing various writ petitions leading one Writ Petition No.310 (SB) of 2008 which was disposed by this Court on 03.09.2008 with the following directions: "Heard learned counsel for the parties and perused the record. These bunch of cases relates to same cause of action, hence, are being disposed of finally together- The petitioners are working on the post of Lecturers in various government degree and Post Graduate Colleges. They were appointed as per Government Order dated 07.4.1998 against the substantive vacancies. The submission of learned counsel for the petitioners is, that in accordance with the Government Order dated 21.11.2007 as well as in compliance of the judgment & order passed by this Court in W.P. No. 4812 of 1988 (Km. Renu Taweri & others Vs. State of U.P. & others) in which direction of regular pay scale to all lecturers under Government Order dated 22.7.1986 has been given, the petitioners are entitled for payment of regular salary. The petitioners have also made representation to ventilate their grievances to the authority concerned: All these writ petitions are, therefore, disposed of finally with the direction to the Principal Secretary, Higher Education, Government of U.P., Lucknow to consider and decide the representations of the petitioners keeping in view the Government Order dated 21.11.2007 as well as judgment & order passed by this Court and shall pass speaking and reasoned order expeditiously, say, within the period of two months from the date of receipt of certified copy of this order. The order so passed, shall also be communicated to the petitioners. The petitioners are also giving liberty to move afresh representations to the Authority concerned. The respondents shall also consider the question of petitioners' absorption on their respective posts in accordance to law." 4. Consequent upon the said directions, the State Government has considered and passed the order on 06.01.2009 whereupon the Director of Higher Education has considered and implemented the said Government Order by paying minimum wages in pay scale of Rs.8000-13500/- along with dearness allowance from the date of the Government Order dated 06.01.2009. Assailing the said conditions, the present writ petition has been filed by the petitioners. 5. Learned counsel for the petitioners has submitted that as the petitioners are entitled to benefit from the date of joining but surprisingly and discriminately the respondents restricted the benefit only from the date of the Government Order i.e. 06.01.2009 which is contrary to the orders passed by this Court. In fact, earlier the respondents have considered identical issue and passed orders extending benefit from the date of joining. 6. After notice, the respondents have filed counter affidavit therein they have taken stand that in the earlier occasions, the writ petitions were disposed of by this Court extending benefit of the Government Order dated 21.11.2007 but in compliance of the orders passed by this Court in Writ Petition No.37014 of 1999, the State Government has passed an order dated 21.11.2007 extending the benefit only from the date of the Government Order. But in the instant case, on perusal of the Government Order, there is no such restriction. In fact, the State Government has considered the orders passed by this Court in Writ Petition No.1566 (S/B) of 2007 and extended the benefit of pay scale of Rs.8000-13500 along with dearness allowance with certain conditions. 7. Perusal of the conditions mentioned in the said Government Order, no restriction or no cut off date is fixed. In the said circumstances, the benefit extended by the Director of Higher Education only from the date of the Government Order dated 06.01.2009 is not permissible. 8. Considering the submissions and on perusal of the records and also orders passed by this Court in various writ petitions, since the petitioners were appointed as honorarium lecturers and issue has already been decided by this Court in the earlier occasions, therefore, the honorarium lecturers are entitled to the benefit of minimum pay scale of Rs.8000 - 13500 /- along with dearness allowance. Once that being situation, as the petitioners were appointed as honorarium lecturers and the said appointments were approved by the competent authority, therefore, the petitioners are entitled to minimum pay scale, which was granted by the Government Order dated 06.01.2009 from the date of joining. 9. In view of the above, the present writ petition is disposed of directing the respondents to release the differential amount from the date of joining to the petitioner. Order Date :- 29.7.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad