KARNATAKA LOKOPAYOGI ILAKA TANTRIKA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an appeal from a judgment and order of the Karnataka Administrative Tribunal dated 4-9-1992 in various applications including Application No. 16 of 1990. By the said judgment and order the Tribunal dismissed the application of the appellant and upheld the legality of an order of the Karnataka Government dated 27-11-1989 by which the Government rejected the representation of the appellant for grant of a pay scale equal to the pay scale of Senior Work Inspectors to all the Junior Work Inspectors who were members of the appellant-association. By that order the Government also directed recovery of excess salary paid to Junior Work Inspectors. The present appeal is filed on behalf of Junior Work Inspectors in the work charged establishment of the Public Works Department of the Karnataka Government.

(2.) Prior to 1-9-1971 in the work charged establishment of the Public Works and Electricity Department of the Karnataka Government there were several categories of posts available to the supervisory staff. These posts included the posts of Maistries, Work Inspectors, Karkoons, Road Inspectors, Augur Measurer, Labour Maistries, Gang Maistries and so on. By a Government order dated 20-9-1971 the Government reclassified various posts in the work charged establishment of the Public Works Department with effect from 1-9-1971 into two categories. Some of the posts were clubbed together and reclassified as the post of Senior Work Inspectors. These posts were posts which, prior to 1-9-1971, carried the pay scale of Rs. 90-3-105-4-145-EB-5-200. Some of the posts, however, had the pay scale from Rs. 80-145. All these posts, after being reclassified as Senior Work Inspectors with effect from 1-9-1971 were given the new pay sale of Rs. 120-240. By the same order a number of other posts which carried, prior to 1-9-1971, the pay scale of Rs. 65-95 were clubbed together and reclassified as Junior Work Inspectors. The post of Junior Work Inspectors was given the pay scale of Rs. 90-200 with effect from 1-9-1971.

(3.) Thereafter representations were received from the Mangalore circle of the Public Works Department relating to certain anomalies which had arisen in respect of the staff under the Mangalore circle. It was represented on behalf of the Mangalore circle employees that originally with effect from 1-9-1964 the pay scale of Work Inspectors Grade II, carried the pay scale of Rs. 55-2-75-3-90 for old entrants and the pay scale of Rs. 55-1-65-2-75 for new entrants. When the pay was revised with effect from 1-1-1970 as per Government order dated 7-7-1970, a common scale of pay of Rs. 65-1-70-2-95 was sanctioned for both the old entrants and the new entrants. The old entrants represented that as a result of this common scale of pay which was given, their increments were substantially reduced under the revised scales of pay. They, therefore, submitted that there was a monetary loss to the old entrants in the category of Work Inspectors Grade II, and there should be a revision of their scales of pay to get rid of this anomaly. It was recommended by the Chief Engineer (C and B), Bangalore that the Government should sanction a revised scale of pay of Rs. 80-2-90-3-120-4-140-5-145 with effect from 1-1-1970 in respect of the old entrants. Ultimately, by an order of 23-4-1980 the Government directed that the Work Inspectors Grade II (old entrants) of Mangalore circle be assigned the scale of pay of Rs. 120-240 with effect from 1-9-1971.