SHANKER LAL Vs. RAJASTHAN CO-OPERATIVE DAIRY

JUDGEMENT

(1.) BOTH these writ petitions involve similar question of law therefore they are disposed of by one common order.

(2.) THE petitioners were appointed on the post of Laboratory Assistant in the respondent Rajasthan Cooperative Dairy Fedaration in the scale of Rs. 490 -840. The details of the duties of the post of Laboratory Assistant are given by the petitioner in his writ petition. On 20th August, 1982 it was directed that the regular testing of milk and milk products is not being carried out in accordance with the instructions given in the Instructions Book dated 4th August, 1982 due to lack of understanding among the Lab. Assistant APO. therefore, further instructions were given to all the shift, Lab. Assistants and they were directed to carry out the testing work as per the schedule in view of new instructions failing which action will be taken. The grievance of the petitioners is that they are being asked to discharge the duties of higher post and are being paid the salary of lower post. The petitioner submits that he is entitled to salary of the posts of Technical Assistants (now known as as QCO Gr. II) in the pay scale of 1000 -1860. I am afraid this submission of the learned Counsel has no merit. The petitioners were recruited on the post of Lab. Assistant and some of duties of Lab. Assistants may be analogus to the duties of the post, T.A. By that he cannot claim the falary of the higher post without being recruited in accordance with rules for the post. In the present case simply detailing the duty which has to be performed by Lab. Assistant, it will not follow that the petitioner is automatically entitled to higher pay scale without being regularly selected for the post of T.A. The learned Counsel for the petitioner has cited the cases of P. Savita v. UOI an Ors. : (1986)ILLJ79SC , Randhir Singh v. UOI and Ors. : (1982)ILLJ344SC and Smt. P. Grover v. State of Haryana 1983 (2) SLR 734. The ratio laid down in these cases is equal work, equal pay. But such is not the case. In order to get the pay scale of 1000 -1860 one has to go through process of selection. It is not simple that some of the duties which are being discharged by the Lab. Asstt. are identical to that of T.A. that will entitle the petitioners the salary of T.A. without being regularly selected for the post.