MOHAMMAD GHOUSE Vs. REGIONAL EXECUTIVE DIRECTOR

JUDGEMENT

(1.) The petitioners who are working as Lift Operators in the first respondent-unit at Hyderabad under the administrative control of the second respondent, filed this writ petition seeking a Writ of Mandamus to declare that the petitioners are eligible to the pay scale of Rs.2,950-90-3,850-100-4,850 attached to the post of Lift Operator Higher Grade with effect from 1-7-1990, the day on which they were transferred from the Central P.W.D. of the second respondent and pay all the increments and difference in pay and allowances apart from extending the Revised Pay Scales from 1-1-1986.

(2.) The questions that arise for consideration in this writ petition are:

(3.) All the petitioners initially joined as Khalasis in the Central P.W.D. and they were transferred to the respondent- authority on 1-7-1970. On that day, the first petitioner was working as Khalasi whereas petitioners 2 and 3 were working as Lift Operator. In that capacity, they were transferred to this organization. The respondent-authority accordingly fixed the pay of the first petitioner in the Pay Scale attached to the post of Khalasi and the pay of petitioners 2 and 3 in the Pay Scale attached to Lower Grade Lift Operator. It is the case of the first petitioner that since the time of transfer, he was working as Lift Operator, and till actual promotion was given on 3-12-1995, he was being paid only wages attached to the post of Khalasi. It also came to light during the hearing that while the first petitioner was working as Khalasi he seemed to have been acting as Lift Operator intermittently. When the pay scale applicable to the Lift Operator were not implemented, the first petitioner filed C.A.No. 943 of 1996 on the file of the Central Administrative Tribunal. The said Tribunal directed the said organization to pay difference in the minimum of pay scales for the period from 1-8-1982 to 30-6-1990 after establishing the fact that he worked as Lift Operator during that period. As per the order of the Central Administrative Tribunal, the Central P.W.D. paid the difference of pay at Rs. 950/- per month in the pay scale of Rs. 950-20-150-EB-25-1500 attached to the post of Life Operator for the number of days he worked on the lifts during that period and the same was communicated by the Executive Engineer of the Central P.W.D. in his proceedings 10(1)(3)99/ HCED-II/306, dated 18-2-1999. These proceedings reflect that the Central P.W.D. paid difference in wages attached to the post of Lift Operator to the first petitioner for the days he worked as Lift Operator but he was not given the pay scale attached to the post of Lift Operator. Hence till the date of transfer he was only a Khalasi and on transfer also he was accommodated in the office of the respondents as Khalasi. But he contends that he worked as Lift Operator and the respondents denied him the pay scale attached to the post till he was posted as Lift Operator.