GOVERNMENT PRESS KARAMCHARI UNION THROUGH ITS GENERAL SECRETARY AND ANOTHER Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This is a petition for quashing order dated 14.3.2001 passed by the Central Administrative Tribunal, Chandigarh Bench (for short, the Tribunal) in O.A. No. 194/CH/93 vide which the application filed by the petitioner under Sec. 19(1) of the Administrative Tribunals Act, 1985 for directing the respondents to bring the pay scale of the Electricians working in Printing and Stationery Department of Chandigarh Administration at par with the Electricians working in Sports Department and Chandigarh Transport Undertaking was dismissed.

(2.) Petitioner No. 1 is said to be a Union of the employees of Government Press, Union Territory, Chandigarh and petitioner No. 2 is working as Electrician in Government Press, Union Territory, Chandigarh. They have averred that there were three posts of Electricians in Government Press, but as on today, only two Electricians, namely, Shri Parminder Singh and Shri Suresh Kumar Sharma (petitioner No. 2) are working there. They have further averred that till 3.11.1989, the pay scale of the post of Electrician employed in Government Press was identical to that of the Electricians working in Sports Department and Chandigarh Transport Undertaking, but thereafter, the pay scale of the Electricians in those department? was revised from Rs. 950-1800 to Rs. 1300-2400 without correspondingly increasing the pay scale of the Electricians employed in Government Press and in this manner, they have been subjected to discrimination which was also reflected at the time of revision of pay scales w.e.f. 1.1.1996. They filed an application before the Tribunal for directing the respondents to revise their pay scale so as to bring it at par with that of the Electricians employed in Sports Department and Chandigarh Transport Undertaking by contending that their qualifications, mode of recruitment and the duties were similar to those employed in the two departments. They heavily relied on the recommendations made by the authorities of Printing and Stationery Department and pleaded that failure of the Chandigarh Administration to revise their pay scale has resulted in violation of their fundamental right to equality granted under Articles 14 and 216 read with Art. 39(d) of the Constitution of India.

(3.) The respondents controverted the applicants claim for restoration of parity in the pay scale by asserting that the qualifications prescribed for the post of Electrician in Printing & Stationery Department were different than those prescribed for the Electricians employed in Chandigarh Transport Undertaking. They also averred that the nature of duties of the two posts were also different. The respondents further averred that applicant No. 2 and similarly situated persons had been appointed as Electrician Grade-B in Printing & Stationery Department and not as Electrician. In paragraphs 6 and 7 of the preliminary objections, the respondents made the following averments:- r