RAJEEV LOCHAN PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) PETITIONERS, the Block Development Officers have filed present writ petition under Article 226 of the Constitution invoking the doctrine of equal pay for equal work and seeking relief for a writ of Mandamus directing the respondents to pay them the same pay scale (i.e. 850-1720) as payable to other Block Development Officers who perform similar duties.

(2.) THE portrayal of essential facts are these. THE petitioners 1 to 3 were selected in 1984 on the post of Block Development Officers by the U. P. Public Service Commission. Rest of the petitioners were appointed in 1978 on the said post. Petitioners perform identical duties as performed by other Block Development Officers but their pay scale is less as compared to other officers for which there was no rationale. THE constitutional guarantee of equality was being violated. Earlier it was the post of Deputy Project Executive Officer but lateron it was redesignated as Block Development Officer. THE pay scale was divided into two categories i.e. Rs. 220-400 and Rs. 250-850. THE latter pay scale was admissible to 10 % of the total number of officers on the basis of seniority. THEse 10% officers were to be posted on special development blocks which involve onerous duties. THE Pay Commission was set up and the pay scale was revised from Rs. 220-400 to Rs. 225-500 and Rs. 250-850 to Rs. 300-900. THE higher pay scale continued to be available only to 10% officers. THEse pay scales were again revised to Rs. 400-750 and Rs. 550-1200 respectively. THE higher pay scale continued to remain available to only 10 % officers. However, a high level committee, set up to enquire into the pay scales recommended that a higher pay scale of Rs. 550-1200 should be made available to all the Block Development Officers. In the meantime second Pay Commission was constituted. Since 1-8-79 the State Government took a decision that no blocks may be treated as special block. Lateron the pay scale of Rs. 550-1200 was made available to 50% officers. THE practice of placing 50% officers in the scale of Rs. 550-1200 was arbitrary as all other officers were discharging similar duties. THEre was no rationale basis for granting higher grade to 50% officers. THE second Pay Commission recommended pay scale of Rs. 770-1600 to all the Block Development Officers with a provision of selection grade in the scale of 1200-1720 available to 20% officers. THE State Government however slightly modified the recommendation of the second pay Commission and it was decided to place 50% of the officers in the scale of 690-1420 and remaining 50% in the scale of 850-1720. THE higher pay scale was made available solely on the basis of seniority. Since 1-8-79 all the Block Development Officers in the State could have been transferred from one block to any other block as there were no special development blocks involving onerous duties. THE minimum qualification for the post was same.

(3.) HAVING heard learned counsel for the parties the point for determination is whether the petitioners were entitled to the same pay scale of Rs. 850-1720 admissible to the senior officers on the basis of the doctrine of equal pay for equal work.