M.B. PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners have filed this petition under Article 226 of the Constitution of India seeking declaration from this Court that the action of the respondent authorities in not giving the petitioners the pay scale of Rs. 950-1400 commensurating to their nature and duties and the refusal on the part of the respondent No. 2 to give the said pay scale to the petitioners is illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. The petitioner have prayed for further declaration that looking to the nature of work, duties and functions of the petitioners, they are entitled to be treated in the higher pay scale and seeking direction to the respondent authorities to pay to the petitioners the pay scale of Rs. 950-1400 with effect from 1.1.1996.

(2.) The brief facts giving rise to the present petition are that:-

(3.) It is further stated that the Public Health Engineering Laboratory, Baroda was under the Public Health and Family Welfare Department of the State Government and on the establishment of the board, it was working under the Board. It was further stated that the petitioners were working the same duties which their counterparts in the office of Conservator of Forest Commissioner of Fisheries and Director of Medical Education and Research were doing. It was stated that the pay scale of the Laboratory Attendants working in those departments was Rs. 950-1400 whereas the pay scale of the petitioners was only Rs. 750-940. It is further stated that the petitioners' duties and functions were that of Peons and Laboratory Attendant working in the offices. But they were doing much dangerous duties. The petitioners stated that they have to go to the fields along with their superiors to collect samples of foul water, sewage water, dirty water, chemicalised water, samples of water coming from chemical factories etc. in the Laboratory. The petitioners have to handle very poisonous and dangerous chemicals. It was further stated that the Senior Scientific Officers have also stated that duties and functions of the petitioners were also the same as that of the Laboratory Attendants in other Government departments and they also recommended for higher pay scale for the Laboratory Attendants.