MAHAVIR PRASAD SHARMA Vs. MUNICIPAL BOARD BUNDI

JUDGEMENT

(1.) The petitioner claims the pay scale of wire-Man, on the principle of Equal Pay for Equal Work' and his case is that he was initially appointed on the post of wire-man though on daily wags basis. The respondents have contested the writ petition on the ground that the petitioner was neves appointed as Wire-man and during the course of arguments Mr. B-haadari, learned counsel for the respondent came out with a case that the petitioner was infact appointed as Helper, though no such case appears to have been set up in reply. The question is as to whether the petitioner was appointed as wire-man and if so whether he is entitled to the minimum pay in the Pay-scale of wire-man.

(2.) It is the case of the petitioner that he is Higher Secondary which he passed in the year 1982 and was also granted competency certificate of Electric Wireman By the Chief Electric Inspector as required under Rule 45 of the Indian Electricity Rules, 1956. He was appointed as wire-man on daily wages on 4th January 1987 and presently he is getting Rs. 25/- per day. it is also the case that there is regular cadre of posts of wire-man in the office of the non-petitioner Municipal Board. Bundi and the pay scale is also there for that post which is 910-1530 and it has been made effective w.e.f. 1st September 1988. According to the case of the petitioner, one Pramod Kumar Sharma is working in the regular cadre and though the petitioner is dis-charging the same duties, which are being discharged by Pramod Kumar Sharma, he is not being. paid the same salary.

(3.) In reply as said earlier, the respondent has come out with a case that the petitioner was not dis-charging the same duties as are being discharged by Pramod Kumar Sharma and according to the respondent, Pramod Kumar Sharma is linemen and the qualification needed for the post of line-men is different and the petitioner does not possess those qualification. It is denied that the petitioner was ever appointed as wire-man.