KUMAR KANT Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioners, who are Sanitary Supervisors working in Jammu Municipality in the pay scale of Rs.800 -20 -1000 -25 -1050 -SB -30 -1500 with effect from 1st of April, 1987, have stated that their counter -parts working as Sanitary Supervisors in Srinagar, Municipality, Srinagar are getting pay under the scale of Rs.900 -1830. The petitioners claim that their qualification as Sanitary Supervisors being the same as the Sanitary Supervisors of Srinagar Municipality and the mode of recruitment of the petitioners as Sanitary Supervisors is also the same as that of Srinagar Municipality, and thirdly the nature of work and hours of duty of the petitioners are claimed to be the same as that of Sanitary Supervisors of Srinagar Municipality. Despite these similarities there is a difference in the pay scale of the Sanitary Supervisors of Jammu Municipality vis -a -vis their counterparts in Srinagar Municipality and consequently the other service benefits like pension, provident fund, gratuity etc. are also being affected. It is also claimed that the discrimination in the pay scales of Sanitary Supervisors of Jammu Municipality vis -a -vis Srinagar Municipality is against law, equity, good conscience and natural justice. The petitioners have further submitted that such a treatment given by respondents 1 and 2 to petitioners is arbitrary, malafide and discriminatory and that the petitioners are being deprived of their fundamental right of "equal pay for equal work" as enshrined in the Constitution. The petitioners as such have asked for a writ of mandamus directing respondents 1 and 2 to pay to the petitioners the salary under the pay scale of Rs.900 -1830 thereby bringing them at par with the Sanitary Supervisors of Srinagar Municipality who are getting the same scale, and further directions be given to respondents that the service benefits may also be given to the petitioners equal to the service benefits of Sanitary Supervisors of Srinagar Municipality, and for any other writ which the court deems proper.

(2.) THE respondent State having been served, they appeared and filed their detailed counter. In the counter filed on behalf of the respondents they have stated that none of the fundamental rights, much less the right of equality of the petitioners have been violated in any manner regarding "equal pay for equal work" as enshrined in the Constitution of India. It has been pleased by the respondents that there are two grades of Sanitary Supervisors in Jammu Municipality - one is Rs. 800 -1500 and the other is Rs.1150 -2050. The grade of Rs.800 -1500 is given to the newly promoted/appointed persons and there are 28 posts in this scale. The next scale i.e. Rs.1150 -2050 is given to senior persons on merit and ability, and there are seven posts in this scale. This means that there are 35 total number of posts of Sanitary Supervisors in Jammu Municipality.

(3.) IT is further submitted on behalf of respondent State that the provisions of different scales in the pay is to provide avenue of promotion to the staff and to remove stagnation and this is to be treated as an incentive to these persons; meaning thereby that a person who is working in the lower grade as a Sanitary Supervisor, has the avenues of promotion/incentives for promotion to go to a higher selection grade as a Sanitary Supervisor as per his work and conduct etc.