DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Dalbir Singh and others have approached this Court by way of this petition filed by them under Articles 226/227 of the Constitution of India praying for a writ in the nature of mandamus directing the respondents that they be paid at par with Junior Engineers or Inspectors of other Departments and be also placed in Selection Grade after counting their length of service.

(2.) The facts, in so far as the same are relevant need a necessary mention. All the petitioners are working as Junior Industrial Promotion Officers in the Department of Industries, Punjab. Prior to 1962 there were three categories of posts in the Industries Department i.e. Senior Inspector of Industries, Junior Inspector Industries and Sub Inspector of Industries. Vide office memo dated 18.9.1962, the Director of Industries, Punjab converted the posts of Sub Inspectors into Junior Inspectors and revised the allocation of Inspectorate Staff. Vide another letter dated 13.7.1960, it was made clear that the posts of Junior Inspectors of Industries involve the assumption of duties and responsibilities of greater degree that of the posts of Sub Inspectors of Industries. It is pleaded that even though the post of Junior Inspector was down-graded to keep the posts of Junior Inspectors of Industries at par with the Inspectors of other Departments of Punjab Government and Sub Inspectors of Industries who fulfill the qualifications for the posts of Junior Inspectors, were absorbed as Junior Inspectors of Industries. The services of rest of Sub Inspectors who were not having the prescribed qualifications were terminated. It is, thus, pleaded that all the junior Inspectors were having the qualifications of Graduation with diploma of three years in Electrical/Mechanical/Chemical Engineering.

(3.) In the year 1962, while converting the post of Sub Inspector into Junior Inspector of Industries the grade of Sub Inspectors was enhanced from Rs. 60-120 to Rs. 80-150 and the grade of Junior Inspector of Industries was reduced from Rs. 90-175 to Rs. 80-150 to keep at par with the Inspectors of other departments and Sub Inspectors fulfilling the qualifications prescribed for Junior Inspectors were converted as such. It is also pleaded that the scale of petitioners was higher than the Inspectors of Food & Supplies Department/Excise & Taxation Inspector/Labour Inspector and amongst the Inspectors of different Departments of Punjab Government. A statement showing the comparison prior to First Pay Commission has been annexed with the petition as Annexure P3. The pay scale of the Petitioners was revised by the First Pay Commission and they were granted two advance increments in lieu of the loss suffered by them while down-grading them. In the revised pay scale, the scale of the petitioners became higher than that of the Inspectors of Food & Supplies Department whereas it became lower than the Inspectors of other Departments of Punjab Government. The qualifications for the post of Junior Inspector of Industries is Graduation and diploma of three years in Electrical/Mechanical/Chemical/Textile with atleast three years experience in the field whereas the qualifications for the posts of other Inspectors of Punjab Government were only Graduation. The pay scales of the petitioners were also revised after the report of Second Pay Commission. The pay scale of the petitioners was reduced in comparison with other Inspectors and they were paid less than that of Junior Engineers although they had the same qualifications and the qualifications of junior Engineers. After the report of Third Pay Commission, the petitioners were treated discriminately with other similarly situate employees of the Punjab Government. Whereas the pay scale of the petitioners was revised to Rs. 1350-2400, the pay scale of their counter-parts i.e. Food & Supply Inspectors and Labour Inspectors was revised to Rs. 1500-2640 which was further revised to Rs. 1640-2925 on 4.1.1991 with effect from 1.1.1991. The pay scale of Taxation Inspectors and Junior Engineers was revised to Rs. 1640-2925. It is this action of the respondents in not giving commensurate increase in their pay which is styled to be discriminatory and violative of Articles 14 and 16 of the Constitution of India.