UNION TERRITORY OF CHANDIGARH Vs. MEGH NATH

JUDGEMENT

(1.) THE private respondents numbering 1 to 85 were the original applicants before the Central Administrative Tribunal, Chandigarh Bench, claiming parity of pay scales with the employees doing similar work in the Electrical Wing of the same Engineering Department where they were carrying on the work as Senior Assistants/Junior Assistants/U.D.C/Senior Clerks/L.D.C/Clerks. It is their say that there is identity of performance of duties between the Public Health Wing where the private respondents are deployed with the Electricity Wing of the same Engineering Department. The two departments have a separate bills distribution system which was combined w.e.f. 01.04.1991.

(2.) IN the original petition before the Tribunal, it has also been alleged that the pay scales of the Punjab Electricity Board had been adopted by the Electricity Wing of the Engineering Department while the same had not been implemented on parity with the Public Health department. The case seeking similar relief was stated to have been allowed by the Tribunal and sustained by this High Court. The occasion to approach the Tribunal arose on account of rejection of the representation of the private respondents.

(3.) WE are in complete agreement with the aforesaid view. It is undisputed that post 01.04.1991 a combined pattern has been adopted for preparation of bills for both the Departments of Public Health and Electricity in the Engineering Department. It is at that stage that the issue of disparity of pay scales came into existence. The private respondents annexed a comparative chart of duties performed by two groups of employees which showed identity of work and this was not refuted by the petitioners/department before us. Despite this, the differentiation in pay was thus held to be violative of Articles 14 and 16 of the Constitution of India.