SURVEY KANOONGO SANGH Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Seth, J. Mr. Sheo Nath Singh, learned counsel for the petitioner has raised an interesting but simple point in this writ petition on the principle of equal pay for equal work as enshrined in the directive principles of State Policy in the Constitution of India in terms of Article 39 (d) between Supervisor Kanoongo on one hand and the Survey Kanoongo on the other. According to him, the nature of duty perfumed by Survey Kanoongo and Supervisor Kanoongo are the same, though the source and mode of recruit ment might be different. Therefore, there should be equality in respect of pay of both the posts. He had drawn my attention to various provisions of law and facts as pleaded in the writ petition, counter-af fidavit, rejoinder- affidavit and other materials on record in order to substan tiate his contention.

(2.) MR. P. M. N. Singh, learned Addi tional Advocate General and MR. K. R. Singh, learned Standing Counsel on the other hand appearing for the respondents had resisted the contention of MR. Sheo Nath Singh and attempted to make out a case that the two posts are altogether dis similar and there is no similarity of the nature of work which itself denotes the difference between the work. According to them, Survey Kanoongo is responsible for the survey, whereas the Supervisor Kanoongo is responsible for supervision. The very qualification supervision makes the difference in the nature of the work in respect of both the posts. They have also drawn my attention to the different provisions of law as well as the facts and the materials on record, including the pleadings and the documents placed before this Court to substantiate their respective contentions.

(3.) THE conditions of service of Super visor Kanoongo is governed by the U. P Sub-ordinate Revenue Executive (Super visor Kanoongo) Service Rules, 1977. THE said Rule prescribe in Rule the source of recruitment. Rule 15 prescribes the made and procedure of recruitment and Rule 17 prescribes the procedure for selection. Chapter VII deals with the selection of Survey Amins and permanent Land Ac quisition Amins for admission to the In stitute. Chapter X deals with appointment as Supervisor Kanoongo, probation and confirmation while Chapter 11 deals with the scale of pay. This 1977 Rules does not mention anything about the Survey Kanoongo. Section 25 of the U. P. Land Revenue Act provides that "one or more Kanoongos may be appointed in each dis trict for the proper supervision main tenance and correction of the annual registers and for such other duties as the State Government may from time to time, prescribe. " THE U. P. Land Records Manual in Chapter XXXIV prescribes the duties of Supervisor Kanoongoes. while Chapter XXXV deals with the supervision of the Supervisor Kanoongo over Lekhpals. Chapter XXXVI defines the su pervision over village map, Chapter XXXVII prescribes the duties of the Su pervisor Kanoongo in respect of testing records and statistics, which includes in spection of boundary and survey marks and various other works as well as has jurisdiction to pass orders in disputed cases of succession. Chapter XXXVII re quires the Supervisor Kanoongo to per form the duties of detection of agricultural deterioration and exploitation of fluctua tions in statistics. Chapter XXXIX prescribes the duties of the Supervisor Kanoongo with regard to local enquiries, while Chapter XL empowers it to attest documents. Chapter XLI prescribes the list of extraneous duties to be performed by the Supervisor Kanoongo. Apart from Supervisor Kanoongos, here are posts of Sadar Kanoongo and Registrar Kanoon go. THE field of responsibility of both Sadar Kanoongo and Registrar Kanoongo has been specified in Part V. Part III prescribes the duties and works to be per formed by the Registrar Kanoongo.