GOVERNMENT COLLEGE SENIOR LABORATORY ATTENDANTS EXECUTIVE COMMITTEE, PUNJAB Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of writ in the nature of certiorari quashing the order dated 22.06.1994 (Annexure P-6) whereby recovery of Class IV allowances from the Senior Laboratory Attendants of the Colleges of Punjab had been ordered on the ground that the posts of Senior Laboratory Attendants were declared Class III posts vide notification dated 06.05.1983. A further prayer of writ in the nature of mandamus has been asked for seeking directions that the Principals of Government Colleges should take the work of supervision from Senior Laboratory Attendants over the Junior Laboratory Attendants and restrain the respondents from taking work of Class IV employees like dusting etc. from Senior Laboratory Attendants as has been done by the D.P.I. Schools vide its letter dated 22.07.1987.

(2.) The petition has been filed on behalf of the Executive Committee of the Government Colleges Senior Laboratory Attendants of Punjab State through its President, Raghbir Singh. The petitioner has also filed the petition in his individual capacity. It has been pleaded that those Laboratory Attendants who were appointed in the year 1970 and were matriculate and otherwise also, on the basis of seniority, had been promoted/appointed to the post of Senior Laboratory Attendants. The posts of Senior Laboratory Attendants were sanctioned by the Governor of Punjab vide order dated 19.08.1970 in the higher pay scale of Rs. 90-140 to those employees who were matriculate and amendment in the Punjab Civil Services (Revised Scale of Pay) Rules, 1969 was made w.e.f. 01.02.1968 vide notification dated 18.04.1983. The said posts were converted from Class IV to Class III posts in the time scale of 400-600. In spite of this, no notification/letter was issued by the respondents clarifying thereby not to take work of Class IV employees from Senior Laboratory Attendants. Thus, the Principals of Colleges of Punjab Government continued to take work of Class IV employees from Senior Laboratory Attendants. As per letter dated 30.10.1964, the duties of Laboratory Attendants were of dusting, cleaning the sinks, to remove dissected animals, to clean the window panes and glass-wares and to assist the Junior Lecturers/assistants. At that point of time, the posts of Senior Laboratory Attendants were not sanctioned which were subsequently created in the year 1970. The petitioners had met the authorities several time not to take the work of Class IV employees from the Senior Laboratory Attendants and also requested them not to pay them the allowances admissible to Class IV employees. The respondents had not considered the request of the petitioners whereas the D.P.I.Schools, vide letter dated 22.07.1987, issued instructions not to take work of the Class IV employees from the Senior Laboratory attendants. Representation had also been made to respondent No.1, who, instead of taking a fair stand on the representation of the petitioners, directed respondent No.2 to order for recovery of Class IV allowances given to Senior Laboratory Attendants w.e.f. 06.05.1983, i.e., the date of notification when they were made Class III employees. Accordingly, the said order was challenged on the ground that it was issued without issuing any notice to them and without giving an opportunity of hearing to them. Accordingly, the writ petition was filed for the grant of abovesaid relief.

(3.) The State, in the written statement filed by the Deputy Director (Colleges & Planning), took the preliminary objection that the allowances were not admissible to the employees who were working in the grade of Rs. 950-1800/- and were treated as Class III employees and thus, it was necessary to make recoveries of these allowances from the said persons given to them in the grade of Rs. 810-1440/- inadvertently. The difference between the Government Schools and Colleges was stressed that there was only one category of helping staff in school laboratories who were Senior Laboratory Attendants whereas in the colleges, there were Laboratory Attendants, Senior Laboratory Attendants, Junior Lecturer Assistants and Senior Lecturer Assistants and thus, the letter issued by the Director, Public Instruction (Schools), Punjab was not applicable in the Government Colleges in the State. The Senior Laboratory Attendants and the Laboratory Attendants were not doing any extra duties besides their duties in the laboratories which was specified in the letter dated 16.01.1978. The said duties were not connected with the pay scales of the employees. The Laboratory Attendants who had passed matriculation examination were granted the grade of Rs. 950-1800/- and thus, were required to do the duties which were specified for Laboratory Attendants and keeping in view the working of laboratories, the duties given to them were entirely connected with the laboratories and they had to perform the duties, i.e., cleaning the sinks, remove the dissected animals, to clear the glass-panes and glasswares and to assist the Junior Lecturer/Assistant in the laboratories.