PRABHAKAR GANPATRAO POKALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE main controversy in this petition pertains to the validity of different pay -scales for the posts known as Malaria Technicians in the Public Health Department under the State of Maharashtra. It is not in dispute that from the beginning there were two pay -scales for such technicians. Pay -scales of Rs. 125 -245 was meant for graduate technicians, while the technicians having S.S.C. qualifications were in the pay -scale of Rs. 100 -170. the pay -scales prescribed periodical increments whereby pay gradually increased from the lowest figure. Efficiency bar was also fixed at a certain level. However, these details are not relevant and hence we are not making reference to them. Similarly, such details about rates of increments etc. of the subsequent revised pay -scales are not referred to. We would be referring to the pay -scales by only giving the minimum and maximum pay in the scales. The petitioner who is S.S.C., was appointed as the Malaria Technician under order dated January 21, 1966 (arm. A). It seems that thereafter the question of revision of pay -scales was referred to the Commission headed by Badkas. After the receipt of the report of this Pay Commission, the Government passed a resolution dated January 15, 1969, revising the pay -scales of various Government servants. Annexure -C to the petition is the relevant part of that Government resolution, showing that the Malaria Technicians carrying pay -scale of 125 -245 would get Rs. 130 -300. Thus, this Government resolution did not make a specific provision as regards the Malaria Technicians who were originally in the pay -scale of Rs. 100 -170. The matter was considered by the Government and by resolution dated September 18, 1969 (ann. -F), it was provided that the Malaria Technicians carrying on the pay -scale of 125 -245 would be getting the pay -scale of Rs. 130 -300. It was provided that the science graduate would get a starting pay at Rs. 150. As regards the lower pay -scales of Rs, 100 -170, it was raised to Rs. 115 -215. There was a subsequent amendment dated January 21, 1970 so far as the higher pay scale of 130 -300 was concerned, raising the pay -scale to Rs. 150 -325, vide ann. -G. Thereafter the Government issued clarification (ann. -1) dated March 7, 1970, stating that the revised pay -scale of Rs. 150 -325 would be applicable to science graduate technicians, while the pay -scale of Rs. 115 -215 would be available to the S.S.C. technicians, A further clarification (ann. -J) was issued in July 1970, under which (i) B.Sc. (ii) Inter Science passed and (iii) Inter -science failed were grouped together as falling in the pay scale of Rs. 150 -325. The other group of S.S.C. technicians remained on its pay -scale of 115 -215.

(2.) THE contention of the petitioner is that the formation of different pay -scales as mentioned above is illegal and unconstitutional. According to him, the discrimination so made is violative of equality. It was also alleged that the educational qualifications could not be a good criteria for creating two scales of pay, particularly when the technicians falling under both the categories are required to perform similar types of duties. With these allegations, the petitioner has claimed that the Government resolutions revising the pay -scales in such discriminating manner should be quashed. He also prayed that the Government should be ordered to fix his pay in the scale of Rs. 150 -325.

(3.) MR . Manohar for the petitioner submitted that the impugned classification would be bad, as, according to him, there is no nexus between the educational qualifications and the duties to be performed by the technicians. He argued that the S.S.C. technicians as also the technicians falling under the other category are performing the same duties. According to him, the additional knowledge in science subjects has no relevance, particularly when all the technicians immediately after the recruitment are required to undergo the requisite training. Another contention of Mr. Manohar is that if the educational qualification is treated as a valid ground for classification, even then there would not be any such difference in the education between the person who is S.S.C. and who is inter -science failed.