CHAMAN LAL Vs. STATE OF PUNJAB AND ANR.

JUDGEMENT

(1.) CHAMAN Lal Petitioner is working as Laboratory Attendant in Government College, Gurdaspur. In this petition filed under Article 226 of the Constitution of India, he seeks a writ in the nature of certiorary, mandamus or any other suitable direction or order directing the Respondents to pay him the same pay scales as/ are being paid to the other Laboratory Attendants and also to allow selection grade of Rs. 510 - -800 in accordance with the State Government's decision dated January 5, 1981.

(2.) AS per the facts given in the petition, the Petitioner joined as Laboratory Attendant in June 1956 and thereafter he was confirmed. He is still working as such. The minimum qualification for the post of Laboratory Attendant is middle pass. They were in the pay scales of Rs. 32 -1 -42. In the year 1968, the pay scales were revised to Rs. 75 - -105. This revision was made under the Punjab Civil Services (Revised Scales of pay) Rules, 1969, - -vide order dated August 19, 1970, Copy Annexure P -l. The Laboratory Attendants, who were matriculates were treated as Senior Laboratory Attendants and given the pay scales of Rs. 90 - -140, whereas the others were given the pay scales of Rs. 75 - -105 as is shown from Annexure P -l. No separate posts of Senior Laboratory Attendants were created. From the posts of Laboratory Attendants, promotion to the higher posts i.e. Junior Lecture Assistant were to be made as would be clear from one of the copy of the order dated January 6, 1977, Annexure P -2. Thereafter, there was further revision of pay -scales for Senior Laboratory Attendants to Rs. 400 - -600 and for Laboratory Attendants Rs. 300 - -430 subsequently changed to Rs. 320 - -495, as is shown from the copy off the order dated June 24, 1980, Annexure P -3. In the State of Punjab, all Laboratory Attendants are performing the same functions and duties, i.e. dusting the laboratories, putting the various apparatus, materials and equipments in the College Laboratories and to clear and put back the same after its use in the Laboratory.

(3.) THE stand of the State in the written statement is that on revision of the pay scales, matriculates Laboratory Attendants were placed in Class -Ill Service and thus there was no discrimination between the Laboratory Attendants matriculates and Laboratory Attendants non -matriculates. According to the State, Laboratory Attendants non -matriculates could not be promoted as Junior Lecture Assistant which is now a requisite qualification. No specific reply was given that the promotional posts were less than 50 per cent of the total strength of Laboratory Attendants was not denied that as Laboratory Attendant all matriculates as well as non -matriculates were performing similar functions.