VIMAL KRISHNA NAGPAL Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner seek a writ in the nature of Mandamus directing the respondents to grant the enhanced revised scale of pay of Rs. 700 -1200 to the petitioner w.e.f. 1 -1 -1978 Instead of Rs. 570 -1080 as per Order No. 51/PRC/Finance dated 16.3.1982 as granted to all other Research Assistants doing the same work having same designation and integrated joint Seniority list, on the analogy of "Equal pay for Equal Work.

(2.) ALL the petitioners are graduate and hold the qualification of B.Sc. (Bachelor of Science) They are employed as Research Assistants with the Punjab State Electricity Board (hereinafter referred to as "the P.S.E.B.) They were initially appointed as work -charged Research Assistants on 25 -9 -1970 and 15 -3 -1974 in the pay scale of Rs.200 -15 -320 -20 -500. The scales were later revised to Rs.570 -15 -600 -20 -700/25 -850/30 -1000 -40 -1080. The pay scale were granted w.e.f. 1 -1 -1978. According to the petitioners, the minimum qualification on the post of Research Assistants was only graduate in science as per rules/instructions at the time the petitioners were appointed on work -charged basis. The Board has maintained a joint seniority list of Research Assistants. On 21 -11 -1980. the respondent -Board invited applications for 4 posts of Research Assistants in the scale of Rs.570 -1080. The advertisement mentioned the qualification as B.Sc. Civil Engineering. In the note appended to the advertisement, it was mentioned that the incumbents working against the post of Research Assistants on work -charged basis in the P. S. E. B. may also apply irrespective of their qualifications.

(3.) IN the statement, the respondent -Board has controverted the plea put forward by the petitioners. It is stated that the minimum qualification for appointment on the post of Research Assistants in the regulations of the Board is B.Sc. Civil Engineering. In the advertisement, CR -106 relaxation was given to the incumbent working in P.S.E.B. on work charged basis. The scale in the advertisement, against which the petitioners applied was Rs.570 -1080. It is further stated that the benefit of work -charged service was inadvertently given to the petitioners due to wrong interpretation of the Rules. The concession was specifically withdrawn so far as petitioners are concerned. However, petitioner no.3 has challenged the same in a civil suit which is still pending. The relaxation in qualification was granted to the petitioners as a special concession because of their experience in the job. It is stated that even persons recruited to a common cadre can be separately classified for the purpose of pay on the basis of their educational qualification. It is admitted that common seniority list is maintained for both categories of Research Assistants.