KHARAITI LAL Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER prays for a writ of mandamus against the respondents to the effect that petitioner be given the grade of Assistant Inspector (Rs. 410 -700). The facts set out in the petition are as under: -

(2.) PETITIONER was appointed as daily wager on the post of a meter reader in the P. H. E. Department in the year 1977. In the year petitioner is said to have been appointed as Assistant Inspector as permanent daily wager. In the year 1981 in terms of Cabinet decision P.D.L and T.D.L. employees were regularised and various posts were created to adjust the employees who had suitable qualification. Petitioner was regularised by respondent No. 3 on 6 -11 -1981. Petitioner was designated as Khalassi though he was required to be designated as Assistant Inspector. Petitioner is said to have made a representation and on 29 -11 -1981 petitioner was designated as Assistant Inspector. These two orders are annexed as Annexures A and B to the petition. As Assistant Inspector, Petitioner claims that he is entitled to the revised grade of 410 -700 which was revised from 200 -320 (old). But he was not given the said grade, instead he was given the grade 345 -460 which was revised from 170 -230. Petitioner is said to have made many representations to the concerned authorities, but he was not given the grade. Petitioners case is that he is performing the same duties and holding the same responsibilities as are assigned to the Assistant Inspectors in the P.H.E. Department and the other Assistant Inspectors of the other departments. In terms of SRO No. 91 of 1982 revised grade of Assistant Inspectors is shown as 410 -700. Petitioner is given the grade of Khalassi, though he is discharging the functions of Assistant Inspector. He prays that on the principle of equal pay for equal work be is entitled to be paid the grade of 410 -700. Withholding the grade of 410 -700 to the petitioner is violative of Arts. 14 and 16 of the Constitution and violative of petitionerâ„¢s rights.

(3.) REPLY also was filed by the Executive Engineer, P. H. E. City Division Jaramu. It is stated that posts of T.D.Ls and P.D.Ls was created in the pay scale of 170 -230 (old), (345 -460), revised. 48 Posts of Khalassis and one post of Mali was allotted by the Chief Engineer to respondent No. 3 to accommodate the suitable candidates. Petitioner came to be appointed as Khalassi against one of those posts. Petitioners designation was changed and not his grade. His grade according to the respondents remained Rs. 170 -230 (old) petitionerâ„¢s entitlement to get higher grade of Rs. 410 -700 (revised) would depend on his merit and seniority. It is contended that the petitioner has to cover first the grade of Rs. 180 -250 (old), then in due course he may be given the higher grade. Previously the petitioner was getting alongwith other employees Rs. 8/ - per day as wages. Now he has been benefitted by being employed on regular establishment. Petitioner cannot get the grade claimed by him. It is contended that Assistant Inspectors working in the department in the grade of Rs. 410 -700 are a distant class, from those who have been brought from P.D.Ls and T.D.Ls and appointed on regular temporary basis as Assistant Inspectors.