LAWS(P&H)-1990-9-130

GANDHI RAM SON OF SHRI RATTAN CHAND AND OTHERS Vs. STATE OF PUNJAB THROUGH THE SECRETARY EDUCATION DEPARTMENT CHANDIGARH AND OTHERS

Decided On September 13, 1990
Gandhi Ram Son Of Shri Rattan Chand And Others Appellant
V/S
State Of Punjab Through The Secretary Education Department Chandigarh And Others Respondents

JUDGEMENT

(1.) The writ petitioners who are working as Laboratory Attendants in R.S.D. College, Ferozepur City, have filed this petition under Art. 226 of the Constitution of India, for the issuance of a writ mandamus directing the respondents to grant them pay parity with their counter-parts working in the Government Colleges as per decision of the Government. The Grade has been claimed by the petitioners on the basis of Punjab Government letter dated 7.1.1981 a copy of which is annexure P-l to the writ petition vide which the Government of Punjab has accorded sanction to give pay parity in pay-scales to the non-teaching staff of privately managed colleges w.e.f. 1.9.1978 with their counterparts working in Government Colleges for the purposes of grant-in-aid. The Director of Public Instructions Punjab vide its letter dated 8.3.1988 had informed that it had been decided that those matric pass Laboratory Attendants who had been appointed after 1.1.1978 till 18.4.1983 or those Laboratory Attendants who had passed the matric after 1.1.1978 till 18.4.1983 may be granted the grade of Rs.400-600 from the date of passing their matric. Since the non-teaching staff of the Government aided private colleges have been equated with the non-teaching staff of the Govt, colleges in the matter of scale of pay, as such the provisions of notification issued vide letter dated 24.2.1988 by the Finance Department were also made applicable to the non-teaching staff of the private aided colleges. In view of the above said decision of the Government that the non-teaching staff working in affiliated private colleges are to be treated at par in the matter of pay I see no reason why the Petitioners should be discriminated.

(2.) For the reasons" aforesaid, the writ petition is allowed and the petitioners are to be given the pay scales as are being given to their counter-parts in the Government Colleges. No orders as to costs. Petition allowed.