HARYANA STATE CO Vs. O.S. HOODA

JUDGEMENT

(1.) Can an employer grant different scales of pay to persons working as Managers on the basis of the qualifications The learned Single Judge has accepted the claim of the respondents and held that the action of the Haryana State Cooperative Supply and Marketing Federation Limited (hereinafter referred to as the Federation) in placing them in the pay scale of Rs. 700-1,250 while the other Managers had been placed in the pay scale of Rs. 800-1,600 is violative of Article 16 of the Constitution. The Federation has filed this appeal.

(2.) A few facts as relevant for decision of this case may be briefly noticed.

(3.) The respondent-writ petitioners were working in the Federation. In the year 1979, a notice was circulated. Persons who were graduates and had 5 years experience were invited to apply for appointment to the posts of Managers (Rice Mills). The respondents 1 to 5 had submitted their applications and were selected. They were appointed as Managers (Rice Mills). In the year 1982, some more posts of Managers had become available. The Officer on Special Duty (Administration) put up a note that most of the existing Managers did not possess requisite qualifications for rice milling. Therefore, persons with qualifications and experience in Agriculture Processing Industry may be appointed as Managers. The qualifications of Degree in Agricultural/Electrical/Mechanical Engineering with experience in Agricultural Processing (preferably in Rice Processing) or Diploma in Electrical/Mechanical Engineering with three years experience of working in the rice mills were prescribed. The posts were advertised and a pay scale of Rs. 800-1,600 notified. Later on, this pay scale was revised to Rs. 800-1,600. The persons who were selected through a competitive process of selection were appointed and placed in the scale of Rs. 800-1,600. The respondents 1 to 5 claimed that the action of the Federation in keeping them in the scale of Rs. 700-1,250 while certain other Managers had been granted the scale of Rs. 800-1,600 suffered from the vice of discrimination. The learned Single Judge having accepted the claim, the Federation, has filed this appeal. The operation of the judgement having been stayed by the Motion Bench, the judgment has not been implemented so far.