MOHINDER KUMAR JAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners who are working as Technical Assistants in the Department of Agriculture complain of discrimination on the ground that they have been arbitrarily denied the benefit of grant of Rs. 75/- per month as special pay which has been sanctioned for the persons working as Circle Agriculture Officer. The petitioners consequently pray for the issuance of a writ in the nature of mandamus directing the respondents to treat them at par with the Circle Agriculture Officers and to give them the special pay.

(2.) The respondents contest the petitioners' claim primarily on the ground that the benefit of special pay has been given to the Circle Agriculture Officers because ''their duties are of supervisory and arduous nature''. In the written statement filed on behalf of the respondents 3 and 4, it has been inter alia pointed out that ''the Circle Agriculture Officers are required to perform their duties in the field as distinguished from the Technical Assistants whose job is to do ministerial work within the premises of offices whether at the headquarter or in divisional or local offices.'' On this basis, the respondents maintain that the action does not suffer from the vice of discrimination. It has been consequently prayed that the writ petition be dismissed.

(3.) Counsel for the parties have been heard. Mr. Malik, learned counsel for the petitioner has submitted that two categories of posts were initially in the scale of Rs. 300-25-600. With effect from April 1, 1979, pay scales were revised from Rs. 320-750 to 700-1250. No special pay was granted to anyone. Subsequently, Government issued order dated December 21, 1980 by which special pay of Rs. 75/- was granted to Circle Agriculture Officers. The claim of the Technical Assistants was duly recommended by different offices. However, the Government has rejected the recommendation arbitrarily. According to the learned counsel for the petitioners, action is violative of the Constitution of India. On the other hand, Mr. Gurinder Singh, learned counsel for the respondents has submitted that no employee has any right to claim special pay if the Government on consideration of the matter has decided to give it only to the Circle Agriculture Officers. The action does not suffer from the vice of discrimination. Consequently, no interference is called for. Rule 2.52 of the Punjab Civil Services, Volume I, Chapter II defines 'special pay' to mean inter alia '' an addition, of the nature of pay, to the emoluments of a post or of a Government employee, granted in consideration of -