Rakesh Tiwari - (1.)-Heard counsel for the parties and perused the record.
(2.)THE claim of the petitioner is that he was appointed on the post of Pattern Maker on daily wage basis on 21.1.1976 in the Irrigation Work-shop, Jhansi and his services were regularized w.e.f. 1.7.79.
The pay scale for the post of Pattern Maker was Rs. 825-1,200, which has been revised to Rs. 1,400-2,300 (Annexure-1 to the writ petition) and was payable to the petitioner w.e.f. 1.1.1986 but this revised pay is not being paid to him.

Aggrieved, the petitioner filed Civil Misc. Writ Petition No. 18018 of 1996, Babu Lal v. Irrigation Department and others. The High Court without going into the merits of the case in the writ petition vide order dated 22.5.1996 directed respondent No. 2, the Superintending Engineer, Irrigation Workshop Kanpur Division, Kanpur to decide the representation of the petitioner by means of speaking order within a period of two months from the date of production of a certified copy of the order.

(3.)PURSUANT to the aforesaid order dated 22.5.1996 the representation of the petitioner was decided by the impugned order dated 14.10.2006 which has been appended as Annexure-3 to the writ petition. The impugned order dated 14.10.2006 is as under : ...[VERNACULAR TEXT OMMITED]...
From perusal of the aforesaid order dated 14.10.2006 it is apparent that respondent No. 2, Superintending Engineer, Irrigation Workshop, Kanpur Division, Kanpur has refused the pay scale of Rs. 1,400-2,300 of the post of Pattern maker w.e.f. 1.1.1986 to the petitioner on the following two grounds :

(a) The petitioner is being paid the salary of post of Pattern Maker Grade "B" as it is provided in the order dated 1.1.1990 issued by the Chief Engineer (Sajja and Samagri), U. P. Lucknow. Thus, the first reason taken by respondent No. 1 refusing the pay scale of the petitioner of Rs. 1,400-2,300 is totally illegal, arbitrary and unjustified ; (b) The second ground for refusal of the pay scale of Rs. 1,400-2,300 to the petitioner is that Government order dated 10.8.1989 issued by the Chief Secretary, Uttar Pradesh Government is not applicable to the petitioner as according to the respondents this G.O. is not applicable to the Industrial establishment and is applicable to the employees of regular establishment only.