SANT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Shri Sant Ram and 315 other petitioners have approached this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus commanding the respondents to grant them parity in pay scale with Clerks as, according to them, the post of Senior Laboratory Attendants against which they are working have always been equated with that of Clerks. Petitioners have also sought a direction to provide promotional avenues to them, as also to frame the departmental service rules.

(2.) The petitioners are working as Senior Laboratory Attendants in Government High/Higher Secondary Schools in the State of Punjab. They possess the academic qualification of Matriculation with Science subjects. According to them, the Senior Laboratory Attendants were granted pay scale of Rs. 90-140 with effect from 1.2.1968, which, on their representation, was enhanced to Rs. 100-160 vide order dated 1.2.1971 but with retrospective effect from 1.2.1968. The pay scale of the petitioners was further revised to Rs. 400-600 with effect from 1.1.1978; similar pay scale was granted to the Clerks, the lowest post in class III service in the general category of posts. On the recommendations of the Third Pay Commission, pay scales were further revised in the State of Punjab and consequently, the Senior Laboratory Attendants, namely the petitioners as well as the Clerks were granted the revised pay scale of Rs. 950-1800/- with an initial start of Rs. 1,000/- with effect from 1.1.1986. However, the State of Punjab vide the notification issued on June 15, 1990 (Annexure P-1) divided the cadre of Clerks in the ratio of 20:40:40, 20% of the junior-most Clerks were granted the pay scale of Rs. 950-1800 with initial start of Rs. 1,000/-, the next 40% were designated as Senior Clerks and were granted the pay scale of Rs. 1200-2100 and the remaining 40% senior- most Clerks were designated as Junior Assistants and were placed in the pay scale of Rs. 1500-2640. However, no similar revision of pay scales was granted to the Senior Laboratory Attendants and they continued in the pay scale of Rs. 950-1800 which was granted to the junior-most Clerks to the extent of 20% of their cadre strength. According to the petitioners, the Senior Laboratory Attendants have been further discriminated in the matter of grant of revised pay scale vis-a-vis various other categories of employees including the Record Supervisor working in the Civil Secretariat, Proof Readers working in the Financial Commissioner's office, Dispensers Unani and Dispensers in the Department of Health and Family Welfare, Stewards and Head English Cook in the Department of Home Guards, Welfare Workers in the Department of Sainik Welfare. The afore-mentioned categories of employees were initially granted the scale of Rs. 400-600 prior to 1.1.1986 but in the subsequent revisions, all of them were placed in the pay scale of not less than Rs. 1200-2100; the Senior Laboratory Attendants have been further subjected to discrimination by not re-designating them as Laboratory Assistants even though in terms of the government circular dated June 24, 1970 (Annexure P-2), the Senior Laboratory Attendants, who possess qualifications of Matriculation with Science, are entitled to be designated as Laboratory Attendants. The petitioners have further complained that neither they are provided with any avenues of promotion nor any kind service rules have been framed. The petitioners have repeatedly represented to the concerned authorities including the respondents, but in vain.

(3.) Upon notice, written statement has been filed on behalf of the respondents. A preliminary objection has been taken that prior to the notification dated January 23, 1984 (Annexure R-1), all the Laboratory Attendants were Class IV employees and vide the afore-mentioned notification only the posts of Senior Laboratory Attendants, which were held by at least Matriculate persons, were converted from Class IV to Class III and were in the pay scale of Rs. 400-600. The respondents have contested the claim of the petitioners regarding equation of the posts of Senior Laboratory Attendants with that of Clerks on the plea that while the petitioners were working in class IV cadre, the Clerks were working in Class III from the very beginning. With regard to the equation of posts, following stand has been taken in para 5 of the written statement:-