GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have been working as Workshop Attendants in various schools of Punjab. In this writ petition filed under Articles 226/227 of the Constitution of India, they seek issuance of a writ in the nature of mandamus, directing the respondents to place them in the grade of Rs. 400-600/-. The petitioners claim that they are performing the same duties as Laboratory Attendant/Senior Laboratory Attendants. They claim that the qualification for the two posts are also the same. The respondents have arbitrarily divided the Laboratory Attendants working in various schools into two categories. Non-matriculates are designated as Laboratory Attendants and their pay scale is Rs. 300-400/-. The other category comprises of those whose educational qualification is Matriculation. The employees of the second category are designated as Senior Laboratory Attendants. They are placed in the pay scale of Rs. 400-600/-. The petitioners were recruited into service on various dates from 1975 till 1985. The qualification prior to 1982-83 for recruitment on the posts of Laboratory Attendants was Matriculation only. Thereafter, the qualifications prescribed for the Laboratory Attendants is Matriculation with Science subject. However, a large number of Senior Laboratory Attendants working in various Government Schools in Punjab are simply Matriculates. The Workshop Attendants are placed in the pay-scale of Rs. 325-495. This service was introduced in the schools in the year 1975 following introduction of Vocational Education as a subject at the school stage. The minimum qualification prescribed for selection as Workshop Attendant is Middle with I.T.I. certificate. Rule also provided that in case of non-availability of persons of aforementioned qualifications, Matriculates with one year experience to technical work are also eligible. Since candidates possessing Middle with I.T.I. were not available, most of the persons recruited in the service are Matriculates with technical experience. The duties of the Workshop Attendants are the same. The workshop Attendants are required to assist the Vocational Masters, whereas the Laboratory Attendants perform a similar type of work i.e. they assist the Science Masters. The Workshop Attendants maintain the Workshop in schools while the Laboratory Attendants maintain the laboratories. Both perform functions of technical nature. Workshop Attendants have to handle tools while Laboratory Attendants have to handle chemicals. It is apparent that the two categories of employees have similar qualifications and perform identical functions. There is hardly any difference in the nature of responsibilities shouldered by the persons belonging to two categories. It is further the case of the petitioners that pay scales were introduced with effect from 1.1.1978. The Workshop Attendants were placed in the grade of Rs. 325-495/- whereas the Laboratory Attendants irrespective of their qualification were placed in the pay scale of Rs. 300-430/-. Subsequently, on the representation of the Laboratory Attendants, the service of Laboratory Attendants was bifurcated into two categories. The Laboratory Attendants : Non-Matriculates and Senior Laboratory Attendants: Matriculates. The grade of Senior Laboratory Attendants was revised to Rs. 400-600/- with retrospective effect from 1.1.1978. Aggrieved by the decision, the Union of the petitioners made a grievance about the removal of the disparity in the pay scales on the basis of educational qualifications. Respondent No. 2, had recommended that Workshop Attendants who are Matriculate with I.T.I. certificate or Matriculate with Science subject should be given a grade of Rs. 400-600/- like Laboratory Attendants.

(2.) These recommendations were not accepted by the State on the ground that it does not have financial resources available. Therefore, according to the petitioners, there was no controversy regarding the fact that the persons working in two services are equally qualified and discharge identical functions. The State, therefore, has acted arbitrarily in denying the pay scale of Rs. 400-600/- to the petitioners.

(3.) A written statement has been filed by the respondents. It is categorically stated that the duties and qualifications for the workshop Attendants and Laboratory Attendants are quite different. It is denied that the Workshop Attendants are entitled to pay scale of Rs. 400-600/- as admissible to Senior Laboratory Attendants. The factual position as set out by the petitioners, is denied. The respondents state that the pre-revised grade for Senior Laboratory Attendants was Rs. 100-160/- and for the Workshop Attendants, it was Rs. 80-120/-. The action of respondent No. 2 is, therefore, not discriminatory. It is further stated that the Workshop Attendants are working not only in Secondary and Higher Secondary Schools but also in the Middle schools. The petitioners do not have the same qualifications. Some of the petitioners are not even Matric. The basic qualifications for the Workshop Attendants is Middle with ITI and for the post of Senior Laboratory Attendants is Matric with Science. It is further stated that there are two categories of Lab. Attendants i.e. Laboratory Attendants and Senior Laboratory Attendants. The categories of Senior Laboratory Attendants have been covered from Class-IV to Class-III with pay scale of Rs. 400-600/- with minimum qualifications Matric with Science. The Workshop Attendants possessing the qualification of Middle with I.T.I. certificate, have been placed in the grade of Rs. 325-495/-. Giving the details about the nature of the work, the respondents have explained that the Senior Laboratory Attendants perform duties in Science Laboratories. They are to handle dangerous chemicals and Acid in the Science Laboratories. The Workshop Attendants are to handle tools and other items needed in the trades such as Carpentry, Motor Mechanics etc. Therefore, the representation made by the petitioners has been rejected by the respondents.