O S HOODA Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India, presented by five Managers of Rice Mills working in the Haryana State Co-operative Supply and Marketing Federation Limited (for short called 'HAFED'), the sole grievance is against the arbitrary and discriminatory action of their employer HAFED; inasmuch as their pay scale is lower than that of the other Managers (Rice Mills) of the HAFED, even though they belong to one and the same cadre, discharging the same duties involving the same nature and responsibilities with inter-transferability in the matter of posting and holding of various offices. In a nutshell, the claim of the petitioners is based on the principle of "equal pay for equal work".

(2.) In 1979, the HAFED conducted a written test for the selection of departmental candidates as Managers (Rice Mills). The qualifications/eligibility was prescribed as graduate with five years' service in HAFED. The petitioners, along with a number of other persons, competed and were selected for the post and were appointed as such in the pay scale of Rs. 700-1250. Since then the petitioners have been serving as such. In 1982, some more posts of Managers (Rice Mills) became available and the HAFED selected some other persons and appointed them in the pay scale of Rs. 800-1600. Thereupon, the petitioners represented for the grant of the same grade of pay, that is, Rs. 800-1600, to them also, but the HAFED rejected the same.

(3.) Though no specific reason was disclosed, yet it appears that as the persons selected as managers in the subsequent batch in 1982 happened to be graduate in Agricultural/Electrical/Mechanical Engineering, with three years experience of working in the Rice Mills, they were granted higher pay scale. It is this decision of the Administrative Committee of the HAFED dated 18th April, 1988, which is sought to be quashed by the petitioners by invoking the writ jurisdiction.