RAJINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The petitioner, who is serving on the post of Pottery Assistant under the Department of Cultural Affairs, Archeology and Museum, State of Punjab, has filed the instant writ petition praying for the issuance of a writ of mandamus for the grant of identical pay scale as granted to the post of Technical Assistant Grade-I. A prayer in the alternate has also been raised for grant of parity of treatment in the matter of pay scales with that of the post of Gallery Assistant.

(2.) Brief facts of the case are that the petitioner joined service with the respondent-Department on 3.4.1987 having been recruited on the post of Restorer. Petitioner earned promotions to the post of Antiquity Mender in the year 2000 and further to the post of Pottery Assistant w.e.f. 22.12.2009. Upon promotion as Pottery Assistant, the petitioner was placed in the scale of Rs. 10300-34800+3200 G.P.

(3.) Learned counsel appearing for the petitioner while making out a case for grant of the same pay scale as admissible to the post of Technical Assistant Grade-I would submit that as per Punjab Pay Commission report for the year 1967-68, the posts of Technical Assistant, Gallery Assistant, Pottery Assistant etc. had all been equated with the post of Assistant 'A' Grade. Upon implementation of the recommendations of the Punjab Pay Commission for the year 1967-68, all such posts were granted the scale of Rs. 250-550. However, vide notification dated 9.5.1991 on the subject of revision of pay scale made effective w.e.f. 1.1.1986, the posts of Gallery Assistant and Pottery Assistant were placed in the scale of Rs. 1500-2640, whereas Senior Technical Assistant/Technical Assistant Grade-I were granted the scale of Rs. 1800-3200. As per learned counsel, such anomaly continued to operate even in the subsequent notification dated 11.5.2001 whereby the post of Technical Assistant Grade-I was placed in the higher pay scale of Rs. 5800-9200, whereas the post of Pottery Assistant was granted the lower pay scale of Rs. 5000-8100. It has been argued that the duties and responsibilities of the incumbents occupying the post of Technical Assistant Grade-I as also Pottery Assistant are almost identical. In this regard, it has been contended that the respondent-Department has formulated guidelines outlining the duties and responsibilities of the incumbents of both the posts and in terms thereof the jobcontent and degree of responsibility assigned is also similar. The principle of 'equal pay for equal work' as such has been pressed for grant of identical pay scales for the post of Pottery Assistant and Technical Assistant Grade-I.