V D SHUKLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is the special civil application under Art. 226 of the Constitution, filed by six petitioners out of which five are Mechanical Supervisors (now known as Mechanical Additional Assistant Engineers) in the Irrigation Department of the State of Gujarat. Sixth petitioner is the Association of Mechanical Additional Assistant Engineers. The petitioners prayed for the direction to the respondents to revise the pay scale of Mechanical Additional Assistant Engineers earlier Supervisors Mechanical to Rs. 550-900 with effect from 1.1.1973. After filing of this special civil application, it has been amended by the petitioners and now the prayer which has been made is to direct the respondents to revise the pay scale of Mechanical Additional Assistant Engineers earlier Supervisors mechanical to Rs. 650-1200 with effect from 1.1.1973 or from other date as may be fixed by this court and to further direct the respondents to make the payment of arrears within time as may be prescribed by this Court. Further prayer has been made for consequential orders of the payment of arrears under the revised pay scale.

(2.) Reply to this special civil application has been filed by the respondents.

(3.) The facts which are not in dispute are that in the former State of Bombay there was one cadre known as 'Overseers' consisting of Degree holders, Diploma holders and non-qualified subordinate staff. The pay scale of Overseers' cadre was Rs. 80- 270. Under the G.R. No. PSE-1062(I)-G dated 19th June, 1962 of the Public Works Department, the question of revision of pay scales of Overseers cadre and reorganising their cadre suitability was considered by the Government. Accordingly, the existing cadre of Overseers was split up into three cadres, namely, Junior Engineer, Supervisor and Overseers. The graduates, Diploma Holders and non-qualified persons were designated as Junior Engineers, Supervisors and Overseers respectively. Their pay scales were prescribed as Rs. 200-350, Rs. 130-270 and Rs. 80-200 respectively. So on the basis of qualifications as early as in 1966 with effect from 1.8.1962, different pay scales have been prescribed by the respondents. Under Sarela Pay Commission, the pay scale of Junior Engineer (now Assistant Engineer), Supervisors (not Additional Assistant Engineer) and Overseers were recommended as Rs. 325-575, Rs. 250-480 and Rs. 175-345 respectively. The pay scale of Assistant Engineers was further revised with effect from 1st April, 1972 to Rs. 350-600 and they have been given the rank of Class-II Gazetted Officers. The Desai Pay Commission recommended the pay scales for these posts as Rs. 550-900, Rs. 425-700 and Rs. 350-600.