P SATYANARAYANA RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners in these two applications under Article 226 of the Constitution are supervisors in the Public Constitution are supervisors in the Public works Department of the Government of Andhra Pradesh Engineering Subordinate Service. Some of them were Supervisors and some sub-overseers under the Government of Hyderabad when the state of Andhra Pradesh was formed on 1-11-1956. The petitioners who were original Sub-Overseers were promoted as supervisors subsequent to 1-11-1956. They do not possess the degree of Bachelor of Engineering of any University. Some of them hold diplomas awarded by the University and others hold diplomas awarded by the Government.

(2.) In the Engineering Branch of the Andhra Pradesh Engineering Subordinate Service there are seven categories of Officers. Supervisors constitute Category I. We are concerned with Category I only. A note appended to Rule 1 of Part 2 states that Supervisors possessing a degree in Engineering shall be designated as Junior Engineers. It is important to notice straightway that Supervisors who were designated as Junior Engineers do not constitute a separate and distinct category of the Andhra Pradesh Engineering Subordinate Service but are part of the category of Supervisors only. Appointment to the category of Supervisors is to be made by direct of Supervisors is to be made by direct recruitment or promotion from overseers or Civil Draughtsmen who constitute Categories II and IV of the Andhra Pradesh Engineering Subordinate Service. The qualifications prescribed for the post of Supervisor are either a degree in Engineering or a recognised diploma in Engineering. It is also provided that no candidate possessing a diploma shall be eligible for appointment if a suitable candidate possessing a degree in Engineering is available for appointment. It is further provided that qualified approved probationers, so far as they are available for appointment as full members in the category of Supervisors, shall be appointed to substantive vacancies alternatively from those possessing a degree in Engineering and those possessing a diploma.

(3.) Prior to 1958 the scale of pay admissible to Supervisors was Rs. 100-5-150-10-250 (graduates to start at Rs. 150.00). From 1-11-1958 the pay of scale of pay of Supervisors was raised to Rs. 120-5-150-7 1/2-210-10-300 (graduates to start at Rs. 180.00.) The starting salary of graduates was later changed to Rs. 200.00 and their scale of pay was fixed as Rs. 200-10-300. From 1-11-1961 the scale of pay of Supervisors was further raised to Rs. 180-7 1/2-210-10-280-15-400. The scale of pay of Junior Engineers (i.e. graduate Supervisors) was fixed as Rs. 250-15-400. Once again the scales of pay were revised in 1969 by G. O. Ms. No. 173 dated 13-6-1969. According to this G. O. the scale of pay of Supervisors was Rs. 200-12-320-16-400 while the scale of pay of Junior Engineers was Rs. 300-20-600. It will be noticed that upto 1969 the maximum pay admissible to Supervisors whether graduates or non-graduates was the same. It will also be noticed that the annual increments for some years before the Supervisors reached the maximum pay admissible under the rules were the same whether the Supervisors were graduates or non-graduates. The substantial difference in the matter of pay between the graduate Supervisors was the starting pay. It was only by G. O. Ms. No. 173 dated pay came to be fixed for Junior Engineers and Supervisors though they continued to belong to the same category of the same service. In W. P. No. 2115 of 1971 the petitioners who are non-graduate Supervisors complain that while they are members of the same category of service as graduate Supervisors, doing the same work and discharging the same functions as graduate Supervisors, they are criminated in the matter of pay. They pray that the higher scale of pay admissible to graduate Supervisors should also be made applicable to them. In W.P. No. 2378 of 1971 there is no reference to G.O. Ms. No. 173, but among a host of other prayers there is also a prayer that Supervisors should be meted out the same treatment as Junior Engineers in the matter of scale of pay too.