PUNJAB IRRIGATION AND POWER RESEARCH INSTITUTE WORKERS UNION (REGISTERED), AMRITSAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The Punjab Irrigation and Power Research Institute Worker's Union is the petitioner. It claims that even the non-matriculate Lab. Attendants are entitled to be placed in the pay scale of Rs. 400-600 with effect from Jan. 1,1978 which was given to the matriculate Lab Attendants. A few facts which are admitted on both sides and are relevant for the decision of this case may be briefly noticed.

(2.) The Punjab Government has set-up an Irrigation and Power Institute at Amritsar. There is a cadre of Lab. Attendants. Prior to Feb. 1, 1968, the post of Lab. Attendant was in the scale of Rs, 35-50. This was raised to Rs. 90-140 with effect from Feb. 1,1968. In the year, 1971, the Government took a two-fold decision. Firstly, it decided to re-designate such Lab. Attendants who possessed the qualification of Matriculation as Senior Lab. Attendants and other as Lab. Attendants. It was also decided to place the Senior Lab Attendants in the scale of Rs. 100-160. The others viz. those not possessing the qualification of Matriculation were further placed in two categories viz. those recruited prior to Feb. 1, 1971 and others recruited thereafter. The former were placed in the scale of Rs. 90-140 while those recruited after Feb. 1, 1971, were granted the scale of Rs. 75-105. Thereafter, the scales were revised with effect from Jan. 1,1978. The Senior Lab. Attendants were placed in the scale of Rs. 400-600. The non-matriculate Lab. Attendants who were originally in the pay scale of Rs. 90-140, were placed in the pay scale of Rs. 350-525 and those in the scale of Rs. 75-105, were placed in the scale of Rs. 300-430. The non-matriculate Lab. Attendants ever that they made representations to the State Government claiming parity with the Matriculate Lab. Attendants. Their requested having been rejected by the State Government, they have approached this Court through the present writ petition. It is claimed that the non-matriculate Lab. Attendants perform the same duties and discharge the same functions as those possessing the qualification of Matriculation and there cannot be any discrimination between the two in the matter of pay scales. It is further claimed that there can be no discrimination in the matter of pay scales on the basis of the date of recruitment and that the action of the State Government in prescribing two separate scales of pay on the basis of date of recruitment cannot be sustained. On these premises, it has been prayed that all the Lab. Attendants should be placed in the scale of Rs. 400-600 w.e.f. Jan. 1, 1978 and that disparity between the non-matriculate Lab. Assistants on the basis of date of recruitment be removed.

(3.) A written statement has been filed on behalf of the respondents. It has been inter alia averred that there are no service rules specifying the duties of Lab. Attendants/Assistant Lab. Attendants and the case is pending consideration with the Government. It has been further averred that there is no violation of Art. 14 of the Constitution.