STATE OF J&K Vs. SANITARY INSPECTORS ASSOCIATION, SRINAGAR

JUDGEMENT

(1.) THROUGH the writ petition, petitioners, who are Sanitary Inspectors, Srinagar Municipality, are claiming pay scale of Rs. 1320 -2550 (unrevised) that was being paid to their counter -parts in Jammu Municipality, Jammu.

(2.) GRIEVANCE of the petitioner is that its members are working as Sanitary Inspectors in Srinagar Municipality for the last many years and are being paid pay scale of Rs. 900 -1830 (unrevised) per month. They claim that this disparity is violative of Articles 14 and 16 of Constitution of India, since there is no justification for subjecting them to this treatment when similarly placed Sanitary inspectors of Jammu Municipality are getting higher pay scale for doing the same kind of work. We may point out here that the objections of respondents were not taken into consideration by Single Judge on the ground that the same were not filed in this case. It transpired later on that the objections were filed, but they were tagged with some other case. Consequently, on the prayer of learned counsel for Appellants, we permitted these objections to be taken on the file of this case in the interest of justice so that the rival contentions of respective sides are considered, appreciated and decided once for all. The case of respondents is that in Srinagar Municipality, the Sanitary Inspectors are not qualified, meaning thereby they are neither Matricultes nor they have undergone one year course from State Medical Faculty, whereas the Sanitary Inspectors in Jammu Municipality are qualified in accordance with these rules. It is also pointed out that there is difference in the nature of functions being discharged by the Sanitary Inspectors of the two Municipalities and there is difference in the responsibility also.

(3.) SINGLE Judge considered the claim of petitioners and allowed the same by the impugned Judgment, hence this Appeal.