HARBANS LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) (Oral) - This order will dispose of Civil Writ Petition Nos. 9004 and 8036 of 1991. The facts as stated in Civil Writ Petition No. 9004 of 1991 may be briefly noticed.

(2.) The four petitioners herein are working as Mates in the Construction Division, Patiala on work-charged basis. The petitioners claim that they are entitled to the grant of the pay scale of Rs. 950-1800 w.e.f. Jan. 1, 1986 which has been granted to the Mates working in the B&R and Public Health Branches of the Public Works Department. Invoking the principles of 'Equal Pay for Equal Work', the petitioners claim that the action of the respondents is arbitrary and violative of Articles 14 and 16 of the Constitution.

(3.) A written statement has been filed on behalf of the respondents. It has been averred that "the nature of work/duties of Mates working in Irrigation Department are quite different than those of - duties of Mates (Morter Mates) working in public Health and B&R Departments." It has been further pointed out that the minimum qualification of Mates in the Departments of Public Health and Buildings and Roads, is second division Matric or above and they are entrusted with the duties of supervision of execution of works "which is of technical nature." As against this, the Mates "working in Irrigation Department do supervise the work of maintenance done by the Beldars where no technicality is involved and most of the Mates are under Matric .....". It has been further mentioned the Mates in the Public Health and B & R Departments were originally working in the pay scale of Rs. 400-600 which has been revised to Rs. 950-1800. As against this, the Mates belonging to the categories of petitioners were working in the pay scale of Rs. 300-430 which has since been revised and raised to Rs. 750-1350. On these premises, the claim made by the petitioners has been controverted.