BALBIR SINGH BHAIL Vs. SECRETARY

JUDGEMENT

(1.) This order will also dispose of Civil Writ Petition No. 45 of 1986, Civil Writ Petition No. 5433 of 1986, Civil Writ Petition No 6517 of 1986 CWP No. 2261/91 and Civil Writ Petition No. 5938 of 1992 as controversy involved in all these writ petitions is the same. All these writ petitions are preferred by the Surveyors of the Soil Conservation Department of Punjab clamouring for the same pay scales as are enjoyed by the Surveyors of the Industries Department, Punjab, with effect from 1st of Jan. 1978.

(2.) In brief the facts figuring in C.W.P. No. 650/84 are that the petitioners joined the Department of Soil Conservation and Engineer, Punjab in the year 1970-71 as Surveyors in different places and in different areas. They claim parity in the pay scales with that of Surveyors working in the Industries and Land Ceiling Departments, Punjab on the doctrine of equal pay for equal work contending that their duties are almost the same as that of Surveyors of the Industries Department as well as Sectional Officers of the Public Works Department, Punjab. It is further stressed that the basic qualifications required for enrolment for Surveyors in all these departments are almost the same. The petitioners further contended that the First Pay Commission submitted his report in the year 1968 putting the Surveyors in the Soil Conservation Department in the pay scale of Rs. 450-800.00 whereas the Surveyors of the Industries Department of Punjab were given pay scale of 570-1080.00. Even the draftsmen who are less qualified than the Surveyors have been given the pay scale of Rs. 570-1080.00. It is further maintained that in the States like West Bengal and Bihar, the Surveyors and draftsmen have been put in the same pay scale due to identical qualification and training. The greater chances of promotion in the case of draftsmen than that of Surveyors of Soil Conservation Department was also stressed. The petitioners filed repeated representations to the Department for removing anomalies in their pay scales but failed to get any redress although the Development Commissioner, Punjab respondent No. 2 has also recommended the grant of higher pay scale to the petitioners vide letter dated 25.9.1980 to be Anomaly Committee. Although the Development Commissioner was also a member of the Anomaly Committee but the higher pay scale claimed by the petitioners was not granted. Even the Second Pay Commission did not recommend equal pay scales to the Surveyors of these two Departments as the Surveyors of Soil Conservation Department were placed in the pay scale of Rs. 450-880.00 whereas those of the Industries Department in the pay scale of Rs. 570-1080.00 while the draftsmen were given pay scale of Rs. 570-1080.00. The petitioners further contend that their last representation of removing anomalies in the pay scale was rejected as is obviously apparent from the letter Annexure P-4 dated 1st Nov., 1983 of the Deputy Secretary, Finance Department. The petitioners claim that it is their fundamental right to claim equal pay for equal work on the basis of doctrine enshrined in Articles 14 and 16 of the Constitution of India read with Art. 39(D) of the Constitution. Reliance in this regard was placed on the observations of the Supreme Court in Randhir Singh Vs. Union of India, AIR 1982 Supreme Court 879 . The decision of this Court in Jai Dev Vs. State of Punjab, 1983 Volume I SLR 244 : AIR 1963 (SC) 612 was also referred in this regard.

(3.) In the counter affidavit filed by Shri Pritam Singh, Chief Conservator of Soils, Punjab, on behalf of himself and respondents No. I and 2 it is admitted that petitioners are working as Surveyors in the Soil Conservation Department on regular basis but they have exaggerated their role and responsibilities in the execution of Soil Conservation work. As a matter of fact, the surveyors are primary field workers for surveying, arrangement of material and supervising the work of this department under the control and guidance of their superiors like Sectional Officers/Agricultural Inspectors/Soil Conservation Inspectors who are better technically qualified than them. It was also admitted that the duties of the Surveyors in the Soil Conservation and Engineering Department are mainly to attend surveying work, maintenance of work record, extension work of contacting cultivators and to pursue cases with and Mortgage Banks for obtaining loan for execution of work at primary stage with the assistance of guidance of their seniors as mentioned above. It was further maintained that the duties and responsibilities of the surveyors of Soil Conservation Department have no comparison with the Sectional Officers in the Public Works Department. Rather the Surveyors are low rank officials than the Sectional Officers under whom they work. It was, however, admitted that the Surveyors of Industries Department and Land Ceiling (Revenue), Department of Punjab have been given higher pay scales by the Punjab Pay Commission as their previous pay scale was also higher than that of the Surveyors of the Soil Conservation and Engineering Department in view of different nature of duties. It was clarified that the work of the Surveyors in the Industries Department is more arduous. The course of Surveyors and Draftsman is of two years duration but it is of three years in case of Sectional Officers. It was further clarified that Surveyors employed in the Soil Conservation Department and Surveyors in the Industries Department possess the same qualifications i.e. matriculation with two years certificate in Surveyor trade from Industrial Training Institute or any recognised institute but in addition to the said qualification minimum three years experience is required for being recruiting surveyors in the Industries Department. Considering these factors the Pay Commission categorised the Surveyors of Soil Conservation and Engineering Department lower than the Surveyors in the Industries Department. In view of these factors the First Pay Commission had recommended the pay scale of Surveyors of the Soil Conservation Department as Rs. 120-250 in the year 1968 but later on the pay scale was revised to Rs. 140-300.00 by the Punjab Government on the representation of employees, whereas pay scale of the Surveyors in the Industries Department was Rs. 200-450.00. It was further clarified that the Second Punjab Commission classified the post of Surveyors in the Soil Conservation Department among the posts of technicians in category IV and that of Surveyor of Industries Department in technician category VI for the purpose of revision of pay scales. On this recommendation the pay scales of Surveyors of Industries Department were revised from Rs. 200-450.00 to Rs. 570-1080.00 while that of the Surveyors of Soil Conservation Department from Rs. 140-300.00 to Rs. 450-800.00. It was, however, admitted that the last representation of the petitioner was declined.