VAGHELA MUKESHKUMAR MAVJIBHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition arises from the claim made by two of the technicians employed in the Directorate of Lighthouses & Lightships under the Ministry of Surface Transport in the service of the Central Government for replacement scale under the recommendations made by the 5th Central Pay Commission.

(2.) THE technicians employed under the Directorate of Lighthouses and Lightships carried a pay -scale of Rs. 1400 -2300. Prior to the pay revision pursuant to the report of the 4th Central Pay Commission, the pay -scale of the technicians was equated with that of Head Light Keeper. Under the recommendations made by the 4th Central Pay Commission, the Head Light Keepers were placed in a pay -scale higher than that of the technicians, i.e. Rs. 1640 -2900. While considering the claim of the technicians for parity with Head Light Keeper, the 5th Central Pay Commission considered this aspect. Considering the inadequate avenues and promotional chances available to the technicians the Commission recommended that "30% of the posts of technicians in each discipline may be placed in the replacement scale of pay corresponding to Rs. 1640 -2900. The remaining 70% of the posts being retained in the replacement scale of pay corresponding to Rs. 1400 -2300."

(3.) IT appears that the aforesaid recommendation has been accepted by the Central Government in toto. The cadre of technician under the Directorate of Lighthouses and Lightships is divided into 4 disciplines namely; General, Electrical, Diesel and Electronics. Initially, there was only one cadre of technician, i.e. General. With the development of science and technology, the other disciplines, viz. Electrical, Diesel and Electronics were gradually constituted. The consequence is that the technicians in Diesel and Electronics cadre are fewer in number and are far junior to the technicians in General and Electrical disciplines. While implementing the aforesaid recommendation, the Central Government has placed 30% of the technicians in each discipline in replacement pay -scale corresponding to the scale of Rs. 1640 -2900, i.e. Rs. 5500 -9000. The result is that the technicians in Diesel and Electronics disciplines, who have received the benefit of higher pay -scale are junior to some of the technicians in the General and Electrical disciplines who did not receive the higher pay -scale at the relevant time. Feeling aggrieved by this anomaly, the petitioners, who are technicians in the General and Electrical discipline respectively, have preferred the present writ petition.