PRITAM DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners were appointed as Well Supervisors in the Tubewell Section of the Department of Agriculture, Punjab in the pay scale of Rs. 200-450 on the respective dates which need not be mentioned for the purpose of decision of this case. The qualification required for the purpose of being appointed as Well Supervisors is not in dispute, i.e., a person with three years diploma in Mechanical Engineering after passing matriculation would make a person eligible to be appointed as Well Supervisor as the said fact has been admitted by the respondents.

(2.) It is the case of the petitioners that the Well Supervisors were equated with the Upper Subordinates of PWD if the Well Supervisors possess the proper qualifications which were prescribed for the post of Upper Subordinates of PWD. The accusation was made as far back as in 1928 vide communication dated 31.7.1928 (copy Annexure P-1). This equation was further maintained by the Pay Revision Board of 1958, First Pay Commission of 1967 and Second Pay Commission of 1978. This fact has again not been disputed by the Government, as the fact averred in para No. 4 of the writ petition has been categorically admitted by the State in its written statement. It has also been further admitted that the pay scale of Well Supervisors and that of Sectional Officers remained the same upto 31.12.1977. The pay scale of both the posts, upon revision from time to time remained the same and in 1978, the pay scale was Rs. 570-1080. It is averred that the Sectional Officers of the Public Works Department made a representation to the Government that their scales be fixed at Rs. 700-1200 with a Selection Grade of Rs. 800-1400 and they had further represented that their matter should be placed before the anomalies Committee constituted by the Government. Similarly, the petitioners had also represented for the same relief. It shall be appropriate to mention here that cases of the petitioners were recommended by the Administrative Department. However, the Anomalies Committee accepted the recommendation of the Sectional Officers serving in various departments and as a sequel thereto, their pay scales stood revised from Rs. 570-1080 to Rs. 700-1200 with a selection grade of Rs. 800-1400 with effect from 1.1.1978.

(3.) The grievance of the petitioners is that inspite of the fact that by virtue of previous recommendations made by the Pay Commissions, the pay scales of both the posts had been at par but the Government accepted the representation of the Sectional Officers whereas declined the representation of the Well Supervisors, such act is tainted with discrimination and arbitrariness. Feeling aggrieved, the present writ petition has been filed.