UNION TERRITORY, CHANDIGARH Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the Union Territory, Chandigarh through the Executive Engineer, Project, Public Health Division No. 3 (hereinafter referred to as the petitioner-Administration), for issuance of a writ in the nature of certiorari quashing the order dated August 19, 2002 (Annexure P-3) passed by the Central Administrative Tribunal, Chandigarh (hereinafter referred to as 'the Tribunal') whereby Original Application filed by the private respondents under Section 19 of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act') was allowed. The private respondents are Bill Distributors (a Class-IV post) of water consumption for Chandigarh. Their claim before the Tribunal was that they are entitled to the same pay scales as were being given by the petitioner-Administration to the Bill Distributors of electricity consumption for Chandigarh. The private respondents invoked the principle "equal pay for equal work". The Tribunal has upheld their claim.

(2.) The private respondents were appointed as Bill Distributors in the Public Health Circle of the Engineering Department, Union Territory, Chandigarh. On the formation of the Municipal Corporation, Chandigarh, respondent Nos. 4 to 13 (respondent Nos. 12 and 13 Sheela Devi and Sona Devi are widows of Bill Distributors Prem Chand and Gurmit Singh, respectively) were transferred to the Municipal Corporation, Chandigarh, whereas respondents Nos. 2 and 3 were allowed to remain in the Public Health Circle of the Engineering Department. They used to distribute the water bills for Chandigarh. Similarly, there were Bill Distributors in the Electricity Wing who used to distribute electricity bills. The former category of employees were getting their wages as per the corresponding scales in the Punjab Government. As far as Electricity Wing employees were concerned, they were governed by the Wage Structure of the Punjab State Electricity Board. The private respondents, who are drawing pay scales on Punjab Pattern, are in the pay scale of Rs. 2520-4140 (with initial start Rs. 2620/-) whereas the Bill Distributors in the Electricity Wing are drawing salary in the pay scale of Rs. 2920-5300.

(3.) With effect from April 01, 1991, the pattern of combined Electricity and Water bills was introduced. Thereafter, the private respondents filed Original Application No. 899/CH/1993 before the Tribunal claiming equal pay for equal work. The said Original Application was decided vide order dated February 23, 2001 (Annexure A-2 to Annexure P-1) by which the private respondents were directed to file detailed representation and the petitioner-Administration was directed to decide the same. The said representation dated March 20, 2001 was decided by order dated June 15, 2001 (Annexure A-1 to Annexure P-1) and the claim for pay parity was rejected. The private respondents again filed representation dated June 22, 2001 in reply to Annexure A-1 to Annexure P-1, which was also rejected vide order dated September 27, 2001 (Annexure A-1/1 to Annexure P-1). Thereafter, the private respondents filed Original Application No. 1015/CH/01, which was allowed by the Tribunal vide the impugned order dated August 19, 2002 (Annexure P-3) and the private respondents were held entitled to the same scale of pay as was being paid by the petitioner- Administration to the Bill Distributors of Electricity Operation Circle with effect from the date the petitioner-Administration had started joint billing i.e issuance of common bill for Electricity Power Consumption and Water Consumption (unless the pay scales of Bill Distributors of Electricity Department were brought at par to that of the private respondents with effect from the same date). The petitioner- Administration was directed to release arrears of pay scales and the pay scale with effect from the date of start of joint billing. The private respondents were held entitled to the same pay scale as being paid to the Bill Distributors of the Electricity Operation Circle with effect from April 01, 1991 or the date with effect from which joint billing was started by the Chandigarh Administration, whichever was later. Costs of Rs. 10,000/- were also imposed on the petitioner- Administration with liberty to it to recover the same from the Officer who had signed the orders Annexures A-1 and A-1/1 to Annexure P-1.