H. SOORYANARAYANA IYER Vs. FACT LTD

JUDGEMENT

(1.) The question in this petition under Art.226 of the Constitution of India is whether a grant of higher time scale of pay to the Engineering Graduates holding the post of Engineers (Electrical) in preference to the diploma holders in Engineering holding the same post is discriminatory. The question arises in the circumstances set out in the next paragraph.

(2.) The respondent No. 1 is a company managed and controlled by the Government of India. The petitioners hold diploma in Electrical Engineering. They were appointed as Technicians in 1967. They were promoted and appointed to the post of Engineers (Electrical) on 17-5-1979 and were confirmed in those posts on 17-11-1979. The time scale of pay of this post is Rs. 1060-50-1250-60-1950. The next higher post to which Engineers (Electrical may be promoted is Assistant Plant Engineer, the pay scale of which is Rs. 156060-2280.

(3.) When the petitioners and the graduate engineers were appointed to the post of Engineers (Electrical) they were appointed to the same cadre and in a common pay scale. The diploma holders and graduates were both qualified for appointment as Engineers (Electrical). The graduates were directly appointed and the diploma holders were promoted through the rank of technicians.