ADDITIONAL ASSISTANT ENGINEERS ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By invoking powers of this Court under Article 226 of the Constitution and asserting rights under Articles 14 and 16 of the Constitution, the petitioners have prayed to issue a writ to direct the respondents to give effect to Government Resolution dated 09.10.1992 from 01.01.1986 instead of 01.04.1992. It is further prayed to direct the respondents to pay the arrears of difference in salary and also difference in increments with appropriate rate of interest and refix their salaries/pay.

(2.) The first petitioner is a registered association of Additional Assistant Engineers whereas the second and third petitioners are individual Additional Assistant Engineers. They have put forward their grievance that they are meted out arbitrary and discriminatory treatment in respect of revision of pay by giving effect to the Government Resolution revising their pay from 01.04.1992, and not from 01.01.1986.

(3.) It is the case of the petitioners that they were the Additional Assistant Engineers in the Narmada and Water Resources Department (Irrigation Department) of the State Government and were Diploma Holder Engineers. Right from the First Pay Commission, namely, Sarela Commission, the pay scales of their posts were revised side by side with revision of pay of the Assistant Engineers. The pay scale for Additional Assistant Engineers under the Sarela Commission was Rs.250 -480 and that of Assistant Engineers it was Rs.350 -500. The Second Pay Commission gave pay scales of Rs.425 -700 and of Rs.550 -900 respectively. In the Third Pay Commission, the revised pay for Additional Assistant Engineers was Rs.1400 -2300 and for Assistant Engineers it was Rs.1640 - 2900.