INDU MEHTA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner seeks issuance of a writ in the nature of mandamus directing the respondents for releasing the grade pay of Rs.2,400-4,000 to him with effect from 20.8.1987, averring, that on the analogy of 'equal pay for equal work', she is entitled for the said grade of pay. <FRM>JUDGEMENT_1162_LAWS(P&H)8_2013_1.html</FRM>

(2.) To understand the controversy in the present petition, following facts are needed to be gone through.

(3.) The petitioner was initially appointed on ad hoc basis as Chemist in the Excise Section of Food & Drugs Excise Laboratory, Punjab, Chandigarh on 11.4.1969. Later on, she was selected as Senior Analytical Assistant by the Punjab Public Service Commission on regular basis and was appointed to the said post vide appointment letter dated 16.10.1970 (Annexure P-1). A little later, i.e., on 16.9.1972, as a temporary measure, she was appointed as Analyst with a condition that she could be reverted to her original post without any notice or assigning any reason vide order (Annexure P-2). When she was continuing as Analyst on purely temporary basis, the Punjab Civil Services (Revised Pay) Rules, 1988 (hereinafter called the Rules) came into effect with effect from 1.1.1986. Yet, another notification was issued by the respondent- State on 20.8.1987 (Annexure P-3) whereby the petitioner along with three other Analysts, for purposes of testing drugs (other than those specified in Schedule-C of the Drugs & Cosmetics Rules, 1945) and cosmetics, was declared as a Government Analyst.