G K NAGPAL Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE appellants are working as Laboratory Assistants/shift Chemists in the Thermal Plant being run by the Punjab State Electricity Board. They filed Civil Writ Petition No. 387 of 1987 with a prayer for the issue of a writ of Mandamus Directing the Board to remove the amamoly regarding pay and to place them in the pay scale of Rs. 700-1200 with effect from January 1, 1978. The petition having been dismissed with the finding that the qualifications are different, they have filed the present appeal.

(2.) ADMITTEDLY , the posts of Laboratory Assistants/line Superinitendents, Auxiliary Plant Attendants/sub-Station Operators and Bulldozer Operators were initially in the scale of Rs. 200-450. It is also the admitted position that with effect from January 1, 1978 all these categories of posts were placed in a uniform scale of Rs. 570-1080. Subsequently, by order dated March 5, 1981, a copy of which has been produced on the record as Annexiire P-II, certain posts like Line Superintendents/auxillary Plant Attendants/sub-Station Operations were placed in the scale of Rs. 700-1200. In appellants claim that the action was violative the right to equality. The matter was considered on different levels in the Board. Vide his note dated October 19, 1981, the Engineer (Thermal) had informed the Board that the duties of Lab. Assistant are of equal importance as those performed by the diploma holder in the D. M. Plant". It was also pointed out that vide order dated August 3, 1981, the Laboratory Assistant had been authorised "to record enteries in M. B. which clearly brings Lab. Assistant at par with A. P. As, whose pay scale had been revised to Rs. 700-1200" (A. P. As, Auxiliary Plant Attendants): By another letter of November 28, 1981, the Chief Engineer again informed the Board that the job content of laboratory Assistants is analogous to the job of Diploma Holders category in the Board". By yet another letter dated September 21,1988, the Chief Chemist informed the Board that "keeping in view the job contents and responsibilities. . . . . . . . . . . . . in Thermal Power Plant. . . . . . . . . . . . . . revised pay scale of Rs. 700-1200 for the Laboratory Assistant may be recommended as operation of the DIM. Plant is very important for the smooth operation and life of power plant". Inspite of various recommendations the Board did not accept the request made by the appellants. Thus, they approach this Court.

(3.) ADMITTEDLY , the post of Laboratory Assistant1 had been equated with those of Line Superintendents, Auxiliary Plant Attendants and Sub-Station Operators which are now been placed in a higher scale. Undisputably, prior to January 1, 1978 all these categories of posts were in a uniform scale of Rs. 200-450. It is also not disputed that with effect from January 1, 1978 all these categories of posts have been placed in the uniform scale of Rs. 570-1080. Purely, they were placed in a. uniform scale after it had been found that the level of responsibility as well as the nature of duties were at par. That having happened, what prompted the Board to pick up some categories of employees to be placed in the Higher scale? There is no answer on the file.