H S VAID Vs. STATE OF J&K

JUDGEMENT

(1.) THROUGH the medium of this writ petition the petitioner, who is Demonstrator/Drawing Instructor in Government Polytechnic College, Jammu, prays for issuance of a writ of Mandamus directing and commanding the respondents to grant pay scale of Rs.1700 -2900 to the petitioner/Demonstrator (Drawing Instructor), Polytechnic College, Jammu w.e.f. 14th November, 84; With a further prayer for issuance of a Writ of Mandamus commanding and directing the respondents to pay arrears of salary in accordance with difference of salary or on the basis of revised grade, as above, and to pass any other direction which is just and proper in the circumstances of the case.

(2.) THE fact in brief which have given rise to the present case are that the petitioner is an employee and is born on the establishment of Polytechnic, Jammu (Technical Education Department). The petitioner is holding and discharging the functions of the post of Demonstrator in the pay scale of Rs.1300 -2550. The basic qualification prescribed for the post of Demonstrator/Drawing Instructor is three years Diploma or Degree in Engineering, while the basic qualification for workshop Instructor is one year ITI Instructor is a superior and higher category post than the Workshop Instructor for obvious reasons.

(3.) THAT the workshop Instructors of Polytechnic Jammu, which carried pay scale of Rs.600 -925 (pre -revised), preferred a writ petition which came to be registered as Writ petition No. 392 of 1992, and by the modus of said writ petition the petitioners in that petition claimed "equal pay for equal work for all workshop Instructors, whether they were working in Industrial Training Institute, Jammu or Polytechnic Jammu. The said writ was allowed by judgment the post of workshop Instructor has been made to carry a pay scale of Rs.825 -1240(pre -revised) and Rs.1550 -2550 (revised) by the order of the government. It is further averred