VIMAL PRASAD Vs. UOI

JUDGEMENT

(1.) THIS appeal is preferred by the appellants challenging the legality of the judgment and order passed by the learned Single Judge on 14th May, 1999 whereby the writ petition filed by the appellants was dismissed.

(2.) THE appellants herein are the Laboratory Assistants and they filed the writ petition seeking parity of pay scale with that of Primary Teachers contending, inter alia, that Laboratory Assistants and the Primary Teachers are having almost identical nature of work and discharge almost similar duties and, therefore, there should be parity of pay scales between them. It was contended that the Primary Teachers have been given a pay scale recommended by the Fourth pay Commission, but the Laboratory Assistants have not been given the same benefit. The appellants relied on an office order dated 23. 10. 1998 issued by navyug School Education Society, New Delhi which reads as under:-?as per the decision taken by the Board of Governors of Navyug School Education society in its meeting held on 04. 09. 98 (item No. 7 (b) ), the pay scale of Lab. Assistant working in Navyug Schools in the pay scale of Rs. 1200-2040 (pre-revised) is hereby revised to the pay scale of Rs. 1400-2600 (pre-revised) with immediate effect. ?

(3.) THE aforesaid contentions raised before the learned Single Judge were considered in-depth by him. However, after referring to the facts of the case and also upon reference to various decisions of the Supreme Court, it was held that the appellants cannot claim the reliefs as claimed in the writ petition. It was also held that the decisions which were relied upon and referred to, arose in different circumstances and the ratio decidendi of those cases cannot be of any help to the appellants. With the aforesaid observations the writ petition was dismissed.