KEWAL KRISHAN GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are working as Research Assistant Grade 'B' in the Punjab Irrigation Department and their service conditions are governed by the Rules called the Punjab Public Works Department (Irrigation Branch) Research Assistant State Service Class III Rules, 1956, hereafter called the Rules. As per these rules, the minimum, qualification required for the post of Research Assistant grade B is Graduate in Science, whereas in the case of Overseers (Sectional Officers) of the Punjab Irrigation Department, the minimum qualification is Matriculation with three years course of Overseers and in the case of Draftsmen Matric with two years Diploma course in Draftsmenship. It is averred that originally the pay-scale of Research Assistant Grade B was Rs. 135-10 185/15 275, whereas the pay-scale of Overseers (Sectional Officers was Rs. 100-8-140-10-160/10-230/ 10-300 of Draftsmen was Rs. 100-8-140 10-160/10-200 and that of Ziledars was Rs. 90-5-140/6-200/7-235/8-275. Thus, it is maintained that of all these posts in the Irrigation Department, the post of Research Assistant Grade B was placed in the higher pay-scale of Rs. 135-10-185/15-275 than the candidates working against other posts. The pay-scale of the employees working in the State of Punjab in the Irrigation Department were revised in the year 1968. The pay-scale of Research Assistant Grade B was revised to Rs. 200-500 whereas that of Overseers (Sectional Officers) to Rs. 200-450 and Draftsmen to Rs. 170-300 while that of Ziledars to Rs. 225-500. It is further maintained that Second Pay Commission constituted by the State of Punjab for making recommendations for the Revision of pay-scales of the various categories of employees working in the State of Punjab submitted its report recommending pay-scale of Rs. 570-1080 for Research Assistants Grade B as well as to the Ziledars, but for &the Overseers (Sectional Officers) recommended pay scale was Rs. 570-1000, for the Draftsmen Rs. 510-940. On the recommendations of the Second pay Commission, the State of Punjab vide letter dated 30.4 1980 (Annexure P.l) revised the pay-scales of employees working in different departments including the Irrigation Department with effect from 1.1.1978. The pay-scales of Research Assistants Grade B and Ziledars was revised to Rs. 570-1080 as recommended by the Second Pay Commission while that of Overseers and Draftsmen was revised subsequently vide letter dated 18.8.1980 to Rs. 570-1080. Thereafter, on the representation filed by the employees for removal of anomalies in the pay-scales the State of Punjab again vide letter dated 14-1-1981 (Annexure P.2) revised the pay-scale of Overseers to Rs. 700-1200 and that of Draftsmen to Rs. 570-1080. The State of Punjab again vide letter dated 18.2.1983 (Annexure P.3) revised the pay-scales of Ziledars to Rs. 700-1200. Thus, it is averred that the Second Pay Commission had recommended pay-scale of Rs. 570-1080 to Research Assistants Grade B as well as to the Ziledars, whereas Overseers were recommended the grade of Rs. 570-1000 but the State of Punjab has revised the pay-scales of Overseers to Rs. 700-1200 and in the case of Draftsmen to Rs. 570-1080 but the pay-scales of Research Assistants Grade B were not revised despite a number of representations, from the pay-scales of Rs. 570-1080 to Rs. 700-1200. Thus, it is maintained that the Research Assistants Grade B who are only 26 in number have been discriminated against by the State of Punjab in the matter of pay-scale vis-a-vis the pay-scale of Overseers and Ziledars. It is further explained that since the creation of aforesaid posts, the Research Assistant Grade B have always been given the higher pay-scale than the Sectional Officers, Draftsmen and Ziledars and the Second Pay Commission also recommended the pay-scale of Research Assistants Grade B, placing them at par with the Overseers (Sectional Officers) and Ziledars but while revising the pay-scales, the Punjab Government had granted lower pay-scale of Rs. 570-10S0 to Research Assistants Grade B while Sectional Officers and Ziledars have been placed in scale of Rs. 700 1200. It is further highlighted that the Sectional Officers being large in number had, after the recommendation of the Second Pay Commission, launched an agitation for the grant of higher pay-scale to them and the State of Punjab reached an agreement with them for giving them higher pay-scales by treating them to be technocrafts. The petitioners being only 26 in number failed to adopt an agitational approach and were thus left at a disadvantage. The petitioners further contended that according to Para 4.7 of the Manual of Administration the duties assigned to the Research Assistants are of technical nature and thus these posts fall in the category of technocrafts. The petitioners have, therefore, invoked the extraordinary jurisdiction of this Court under Art. 226 of the Constitution contending that the order of the State Government placing the petitioners in lower pay-scale being violative of the provisions of Articles 14 and 16 of the constitution be set aside and direction be issued in the nature of mandamus to remove the anomalies in the pay-scales of the petitioners and that of Sectional Officers and Ziledars who were working in the same department along with the petitioners and are even much less qualified than the petitioners.

(2.) The writ petition was resisted by filing an affidavit of Shri Sadhu Ram Administrative Officer-II, Irrigation Branch. Punjab Chandigarh on behalf of both the respondents by raising a preliminary objection that the petitioners could not claim revision of pay as a matter of light and the writ petition was liable to be dismissed on that ground. It was, however, admitted that originally, the pay-scale of Research Assistants Grade B was Rs. 135-275. The revision of pay-scale was also admitted, it was, however, maintained that comparison of one class of establishment with that of the other class of establishment does not in any way add any merit in the nature of duty the basic qualifications and field of activities of the two being altogether different. The field of Sectional Officers is Engineering whereas that of Research Assistants is scientific. It is further maintained that the nature of duties, the basic qualifications and the filed of .activities of the Sectional Officers are different from those of Research Assistants. It was further highlighted that the next promotion of Research Assistant Grade B is to the post of Research Assistant Grade A for which the scale of pay is Rs. 620-1200 and thus the Research Assistants Grade B could not be allowed a grade higher than or equivalent to Research Assistants Grade A.

(3.) I have heard the learned counsel for the parties besides perusing the record. For the sake of ready reference, statement (Annexure P.4) pertaining to the category of posts, number of posts, basic qualifications, unrevised pay-scales, revised pay-scales, recommendation of the Punjab Pay Commission and pay-scales sanctioned by the State Government requires reproduction here