GANESH Vs. MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) A mandate had been claimed against the respondent, the Maharashtra State Electricity Board directing them to grant equal fringe benefits such as the generation allowance and others, equal with the degree and diploma holders, with a view to do away with the unequal treatment meted out to the non-graduates and non-diploma holders.

(2.) The petitioner No. 1 is presently working as a Supervisor/Assistant Shift Engineer at Khaparkheda Thermal Power Station. The petitioner No. 2 is working as a Head Supervisor/Assistant Superintendent at Nasik Thermal Power Station. The petitioner No. 3 is working as a Supervisor/Assistant Shift Engineer at Koradi Thermal Power Station. The petitioner No. 4 is working as Chargeman Grade-II at Koradi Thermal Power Station. The petitioner No. 5 is working as a Head Supervisor/Assistant Superintendent at Koradi Thermal Power Station. The petitioners are neither graduates in Mechanical, Civil or Electrical Engineering, nor do they hold any Diploma in either of these three faculties. They are all Matriculates and some of them have obtained certificates in Electrical Engineering from the recognised Institutes. They are all in service of the Maharashtra State Electricity Board. The Board has three wings (1) Generation (2) Transmission and Distribution and (3) Construction. All the petitioners are working in the Generation Wing. The dispute in the present litigation concerns two categories viz. Chargeman Grade-II and Chargeman Grade-I. These two cadres are manned by the direct recruits having a Degree or Diploma in the respective branches and also by the non-degree and diploma holders coming from the cadres. Chargeman Grade-II commands the time-scale of Rs. 600-35-1125 and Chargeman Grade-I commands the time scale of Rs. 775-45-1450. The degree-holders and diploma holders are eligible for some advanced increments when they entered the cadre, but except for that the time-scale for all the incumbents of this cadre is the same. We are not very much concerned with the scales in this litigation. This litigation covers a very narrow compass and it is regarding the inequality in the fringe benefits that are made available to the personnel of this cadre.

(3.) To appreciate the real controversy, some facts will be necessary to be stated. On or about 26th December, 1966, the Maharashtra State Electricity Board passed a resolution under which 'generation allowance' was paid only to the graduates and diploma holders working in the generations section of the four Power Houses located at Khaparkheda, Paras, Ballarshah and Pophali. The rate of allowance admissible to Chargeman Grade-II was Rs. 30/- per month, whereas to Chargeman Grade-I it was Rs. 40/- per month. Assistant Engineers, Deputy Engineers, Senior and Junior Control Engineers were entitled to Rs. 50/- per month, whereas Engineers corresponding to Senior Thermal Engineers and above were given Rs. 75/- per month. Suffice it to point out at this stage that this allowance was admissible only to those Engineers who were either graduates or diploma holders. Mere certificate holders like the petitioners were not admitted to this benefit. By subsequent circular issued on 6th June, 1970 the Board clarified that 'generation allowance' was admissible to those diploma holders and degree holders who were directly working in the generation of power involving shift duties in the Power Station. Though in fact the non-degree holders and non-diploma holders like the petitioners were working as Chargeman Grade-I and Chargeman Grade-II, this allowance was not made available to them. The five petitioners (out of whom the petitioners No. 1 and 2 are the petitioners in the present petition) approached this High Court vide Spl. Civil Appln. No. 142 of 1974 under its extraordinary jurisdiction for a mandatory writ. The petition was allowed on full hearing and this High Court, by its judgment dated 13th August, 1981 directed the Maharashtra State Electricity Board to make admissible the generation allowance to those employees who are not having either diploma or degree in Electrical or Mechanical Engineering, but are working on the specified posts at the four Power Stations.