CHANDIGARH ADMINISTRATION Vs. ANITA SOOD

JUDGEMENT

(1.) The question for consideration is whether the Teaching Assistants working in the Punjab Engineering College. Chandigarh are entitled to the pay scale of Lecturers on the basis of the principle "equal pay for equal work". The central Administrative tribunal, Chandigarh bench (the tribunal) allowed theapplication of the respondents and granted them the pay scale of Lecturers. These appeals by way of special leave are against the judgment of the tribunal.

(2.) Recruitment to various teaching posts for Punjab Engineering College, Chandigarh is governed by the Statutory Rules called the Punjab Engineering College, Chandigarh Administration (Class I Posts) Recruitment Rules, 1970 (the Rules). The Rules govern recruitment to the cadres of Lecturers, Assistant Professors, Associate Professor, Professor (Jr. Scale) , Professor (Sr. Scale) , Professor Postgraduate Course and Principal. Different pay scales have been provided for different teaching posts under the Rules. The respondents joined service as ad hoc Teaching Assistants on different dates during the period from 1983 to 1986. Teaching Assistants are not governed by the Rules. Ad hoc posts of Teaching Assistants were created from time to time to teach the engineering graduates. According to the appellant qualified candidates (with postgraduate qualifications) for the posts of Lecturers were not available and as such the Chandigarh Administration created the posts of Teaching Assistants. The pay scale for the post of Teaching Assistant was Rs. 900. 00 (consolidated) which has now been revised to Rs. 1,600. 00. During the pendency of the matter before the tribunal dearness allowance was also allowed to the Teaching Assistants. Initially the Lecturers grade was Rs. 400-1,100 but later on when the academic qualification for the post of Lecturer was revised from graduation to post- graduation the pay scale was also revised to Rs. 700-1,600.

(3.) The grievance of the respondents before the tribunal was that they were performing same duties and functions as were being performed by the Lecturers but they were not given the same salary. It was their case that they were teaching the students same subjects which were being taught by the Lecturer. On that basis they claimed the pay scale of Lecturers post on the principle of "equal pay for equal work". Although in the counter filed before the tribunal and before this court, the appellant has denied the claim of the respondents but having gone through the duties performed by the respondents it is not possible to deny that so far as the teaching work was concerned there was not much of a difference in the duties and the functions of the Lecturers and of the respondents-Teaching Assistants.