LAWS(P&H)-2014-5-801

KIRAN KUMAR Vs. PUNJAB STATE ELECTRICITY BOARD

Decided On May 14, 2014
KIRAN KUMAR Appellant
V/S
PUNJAB STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) VIDE this order, above mentioned two petitions would be disposed of as the controversy involved in both the cases is similar.

(2.) PETITIONERS by way of the above petitions have sought a direction to the respondent -Board to grant same pay scale to the petitioners who were working as Junior Draftsman and Draftsman as was being paid to Lineman and Junior Engineer -II.

(3.) FACTS are stated from CWP No.17859 of 1994. Case of the petitioners, in brief, is that initially junior post in drawing establishment was Tracer but was later re -designated as Junior Draftsman. Qualifications and pay scales of Tracer and Lineman in the Electricity Board were same. Thereafter, when the designation of Tracer was changed to Junior Draftsman, the qualification was enhanced and they were given higher grade of Rs. 140 -255 instead of Rs. 110 -250 whereas, the grade of the Lineman remained the same. Minimum qualification for Junior Draftsman and Lineman for entry in service was Matriculate with two years relevant diploma in ITI. Time bound benefit of higher scale scheme was circulated for the first time in the year 1989. Employees were granted the benefit under the scheme after completion of 9/16 years of service. Thereafter, the scheme was further liberalised vide circular dated 30.03.1990 and it was ordered that those employees who had completed 23 years of service, would also get benefit under the scheme. The Board revised the pay scales of its employees in the year 1990 w.e.f. 01.01.1986. So far as Junior Draftsmen are concerned, a condition was imposed that they would be eligible for promotion in the scale of Rs. 1800 -3200 after a minimum period of 12 years service. It was also incorporated that those Draftsman who stood promoted before completion of 12 years of service in the lower scale will start in the scale of Rs. 1800 -3200 at the minimum of Rs. 1800 and shall be entitled to get increments in the scale only after they had completed 12 years of service. Petitioners had been claiming pay parity with Lineman before 1978. Before 1978, Junior Draftsman were placed in pay scale of Rs. 140 -255, whereas, the Lineman had been placed in the pay scale of Rs. 110 -250 but while revising the pay scales after 1978, petitioners had been granted lower pay scale than the Lineman. Hence, the present petitions.