K ANSER BAIG Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE petitioners have sought for a direction to the respondents to fix the scale of pay of Rs.950 -1500 to the petitioner's category of Tractor Cleaners and grant them all consequential benefits.

(2.) FACTS of the case are as follows: The petitioners are Tractor Cleaners in the Office of the Assistant Executive Engineer, (Agricultural Engineering -I), Nandanam, Madras -600 035. Prior to 8.1.1990, the post of Hammerman, Tractor Cleaner and Helper to Carpenter (now re -designated and merged with Carpenter -II) were in inferior service. There were many posts of (1)Helpers to Carpenter,(2)23 posts of Hammerman and 292 posts of Tractor Cleaners in Agricultural Engineering Department. The above said three categories belonged to full time skilled workers and they were working in fields and workshops throughout the day. Tractor cleaners possess driving licence and they help the Tractor drivers. Therefore, the Chief Engineer, (Agricultural Engineering) Madras -35, has sent proposals to the Government for bringing the above mentioned three categories of employees, namely Hammerman, Tractor Cleaner and Helper to Carpenter into superior service. The Government havae issued orders in G.O.Ms.No.22, Agriculture (AE -III) Department dated 8.1.1990, directing the said three categories of employees to be brought into superior service.

(3.) THE grounds, on which the petitioner has sought for the relief are as follows: The categories of Hammerman, Helper to Carpenter (now re -designated and merged with the category of Carpenter Grade -II) and Tractor cleaners were in inferior service, prior to the issue of orders in G.O.Ms.No.22, Agricultural (E.III) Department dated 8.1.1990. Before the issuance of said government order, the categories of Hammerman, Helper to Carpenter were in the scale of pay of Rs.825 -1200 and the category of Tractor Cleaner was in the scale of pay of Rs.750 -945. The said two categories, namely, Hammerman and Helper to Carpenter (now re -designated and merged with Carpenter Grade -II) have been allowed scale of pay of Rs.950 -1500 for Grade -I post, and Rs.1100 -1660 for Grade -II post. When the scale of pay of the other two categories brought into superior service has been revised. Tractor Cleaners, who are similarly placed, are entitled to re -fixation of scale of pay and failure to do so, amounts to discrimination and violation of Article 14 of the Constitution of India. The qualifications prescribed for the post of Tractor Cleaner, Hammermen, Helper to Carpenter are the same and therefore there is no justification for denial of revision of scale of pay to the post of Tractor cleaners.