P A CHUDASAMA Vs. SECRETARY

JUDGEMENT

(1.) This petition has been filed for a declaration that pay fixation done by G.D.D.C. in the lower scale of pay of Rs.950-1500 is discriminatory, unjust and illegal and for a direction to the respondents to give the revised pay scale of Rs. 1200-1800 from the date of the joining, as given to similarly placed other supervisors (P & A.H.), on the principle of 'equal pay for equal work' and to refix the pay of the petitioners in the revised scale of Rs. 1200-1800 from the date of the joining and arrears which may be worked out with 18% interest on a difference of pay, already drawn and that to be drawn after such refixation.

(2.) These 8 petitioners were appointed on the post of supervisors (Procurement-cum-Animal Husbandry) with the pay scale of Rs. 290-8-346-EB--8-370-10-410-EB-10-480, vide appointment letters dated 19/06/1986, 26th June 1986 a6 and 31st December 1986, pursuant to the advertisement issued in the daily Sandesh newspaper dated 2 3/03/1986, inviting the applications from the eligible candidates for the post of Supervisors (P & A.H.). The appointment of the petitioners was made subject to certain conditions, mentioned in the appointment letters. When the petitioners joined services of G.D.D.C. Limited, there were other supervisors (P & A.H.), working under G.D.D.C. in the same pay scale of Rs. 290-480, such as Mr.S.G.Patel. The petitioners as well as other person Mr.S.G.Patel were performing the same functions and duties from the date of their joining the service of G.D.D.C. The Board of Directors of Gujarat Dairy Development Corporation held in the meeting of 08.09.1987, vide their resolution No.LIXI/VI/26(D) to adopt the pay scales prescribed for Gujarat Government servants under Gujarat Civil Services (Revision of Pay) Rules, 1987. The revised pay scales were adopted by G.D.D.C. with effect from 01.01.1986. Since all of them working in the same scale of pay and performing the same functions and duties, G.D.D.C. should have refixed their pay in the same revised scale of pay of Rs.1200-1800, but the corporation gave the pay scale of Rs.1200-1800 to Mr.S.G.Patel from 01.01.1986 and lower scale of Rs.950-1500 to the petitioners from the date of joining the service. The petitioners and Mr.S.G.Patel were holding the same post of supervisors and performing the same functions and duties. The petitioners made a representation to the corporation to remove this anomaly and they should be given the same revised pay scale of Rs.1200-1800 as is given to Mr.S.G.Patel. But, their representation was not considered. The respondent Nos.2 & 3 are the enterprises of the Government of Gujarat. The services of servants are regulated under the rules known as Service Rules, 1975. Under Rule 4 of these Service Rules the power to add, change or to make in the Service Rules are vested in the corporation only. The Board of Directors of the corporation in their meeting passed a resolution dated 06.09.1987 adopting the new pay scale applicable to employees of Government of Gujarat for the employees of the corporation with effect from 01.01.1986. The corporation has adopted the pay scale of Rs.1200-1800 for the post of supervisor (P & A.H.) with effect from 01.01.1986. Mr.N.S.Patel, who was working as one of on the post of supervisor (P. & A.H.) since 1984, under Rule 4 of Service Rules, 1975 the corporation revised the pay scale for the post of supervisor (P. & A.H.) from 290-480 to Rs.1200-1800 with effect from 01.01.1986, and the pay scale of Rs.1200-1800 was given to Mr.N.S.Patel but lower pay scale of Rs.950-1500 given to the petitioners is arbitrary and unjust. The petitioners made various representations to the corporation and to the Secretary of Agriculture & Rural Development, Government of Gujarat on several dates individually and collectively, but those representations have not been Clerks, who have been given the new scale of Rs.950-1500. treated to have been reverted to the post of Junior Clerks who and have been given the new scale of Rs.950-1500. The post of supervisor (P. & A.H.) is a promotional post from cadre of Junior Clerk. The lower posts and the promotional posts are equated and brought on the same scale of Rs.950-1500 that is not permissible under the Service rules, 1975 of the corporation. The corporation has already decided and adopted the pay scale of Rs.1200-1800 for the post of supervisor (P & A.H.). That decision has already been circulated to all the officers of the corporation. But, the petitioners have been denied the new pay scale without any reasons. The petitioners have been selected directly as supervisors (P & A.H.) and are appointed after 01.01.1986, but they are given the lower scale of Rs.950-1500. There are 3 categories of the supervisors such as:

(3.) The affidavit in reply on behalf of the respondents Nos. 2 & 3 Corporation has been filed, stating therein that in respect of the supervisors (P & A.H.), the Government has fixed the pay scale for the same posts i.e. Supervisors, who were appointed prior to 01.01.1986 in the pay scale of Rs.1200-1800 and the Supervisors appointed after 01.01.1986 in the pay scale of Rs.950-1500. The respondent corporation represented on 06.10.1987 and 20.08.1989 to the Government with a request that all the supervisors (P & A.H.) are similarly situated and are doing the same work, having the same qualifications must be paid the same revised pay scale, irrespective of the date of their appointment. The State Government by its letter dated 01.08.1989 refused to accept the said request of the corporation and asked the corporation to act as per the Government directions. Accordingly, the corporation fixed the revised pay scale of the petitioners and other supervisors as per the directions of the State Government. It is mentioned in the resolution of the corporation dated 08.09.1987, Board has noted the approval letter of the Government of Gujarat dated 08.09.1987 that when the Corporation is likely to be wound up and its staff will have to be absorbed by the Federation and the Unions, the revision in the pay structure at this juncture is not proper. The Corporation is facing acute financial crisis and presently corporation is making losses, which affect the financial position of the corporation. Recently the Government of Gujarat has revised the pay scale of its employees on the basis of the report of the committee of experts appointed by the Government for the purpose. The committee after examining the recommendations of the 4th Pay Commission, appointed by the Central Government submitted its report to the Government. On the basis of this report, the Government of Gujarat has revised the pay structure of its employees vide GR dated 01.06.1987. This revision of pay scale has been made effective from 01.01.1986. It is as under;