RANVEER SINGH MAHLE Vs. STATE OF U P

JUDGEMENT

(1.) ALL the petitioners are appointed and working as Secretaries Grade-III, class II in various marketing committees of U. P.Rajya Krishi Utpadan Mandi Paishad and have approached this Court under Article 226 of the Constitution of India seeking writ of mandamus directing the respondents to give parity in employment in the matter of pay to the petitioners like other Secretaries of U. P. Krishi Utpadan Mandi Paishad (hereinafter referred as "Parishad"), Regulation 4 of U. P. Agricultural Products Market Committee (Centralized) Services Regulations, 1984 (in short 'Regulation, 1984') has been sought to be declared ultra vires and further a mandamus has been sought to enforce equal pay for equal work as enshrined under Articles 14 and 16 of the Constitution of India in the matter of petitioners.

(2.) IN brief the petitioners' case is that all of them are working as Secretaries Grade III class II in various Mandi Samitis in the pay scale of Rs. 1640-2900. They further claim that all the Secretaries in various Mandi Samitis are discharging similar and identical duties and there is no difference in work, performance, duty, liability, qualification or otherwise of the various secretaries yet arbitrarily the administration by placing the secretaries of Mandi Samitis in different pay scale and grades has acted illegally. It is also submitted that the posts are interchangeable irrespective of business of Mandi Samitis' quantum of work etc. Any secretary can work in the Mandi Samiti of any grade or class as well as they can also work in any of the Mandi Samitis at different places. The secretaries in different grades have no co-relation with the work, they are required to perform and the classification is illusory, irrational and infringes the principle of equal pay for equal work as guaranteed under Articles 14 and 16 of the Constitution of INdia.

(3.) REJOINDER affidavit has been filed by the petitioners stating therein that there is no classification of various marketing committees either under the Act, Rules and Regulations or otherwise and in the absence thereof, the classification of Secretaries for the purpose of pay scale is arbitrary and discriminatory. It is pointed out and also admitted by the respondents and mentioned by the Director, Mandi Samitis, in its order dated 22.5.2001 (Annexure-3 to the writ petition) that categorization of Mandi Samitis Class A, B, C, D as mentioned in Regulation 3 (1) of 1984 Regulations has been abolished by 1991 amendment of Regulations. In the aforesaid Regulation, as claimed by the petitioner the same class and status have been given to all Mandis. The classification of the Secretaries thus only remains in respect to pay scale which is arbitrary and discriminatory.