B.C.RAY - (1.) THE petitioners who are employed in various categories of trades such as carpenter, masson, painter, upholster, plumber, pipefitter, sawyer and sign writer under skilled grade in Military Engineering Services under the Ministry of Defence commonly known as M.E.S. have assailed in this writ petition the upgradation of some of the trades out of the 15 trades in the skilled grade on the basis of the recommendations made by the Expert Committee constituted by Respondent No. 1 on the grounds inter alia that the fixation of higher scales of pay of some of these trades out of the 15 trades in the skilled grade ignoring the other trades is arbitrary, discriminatory and in contravention of the fundamental rights of the petitioners enshrined in Articles 14 and 16 as well as in Article 39(d) of the Constitution of India in as much as it purports to violate the right of equal pay for equal work.
(2.) THE petitioners along with other employees in different trades within the skilled grade used to get same scales of pay in the skilled grade continuosly for years together since the recommendations of the first Pay Commission in 1949. All the employees of the trades in skilled grade in Military Engineering Services, in short as MES, also received common scales of pay on the recommendations of the Second and Third Pay Commission till 1981. In 1981 out of the 15 trades in the skilled grade some of the trades had been upgraded ignoring the petitioners' trades and as a result the petitioners though included in the skilled grade had been getting lesser pay than those belonging to some trades due to the upgradation of their scales of pay. This upgradation in the scales of pay had been made on the basis of report of an Expert Committee appointed in 1981 which gave scores points to the various trades and on its basis recommended higher scale of pay for six trades in the skilled grade i. e. Rs. 260-400 whereas the other trades of the said grade were termed as semi-skilled and the scale of pay was recommended as Rs. 210-290. this anomaly in the scale of pay of employees of different trades within the same grade led to great dissatisfaction amongst the employees of different trades within, the skilled grade. THE petitioners, therefore, challenged in this writ petition, the fixation of the higher scale of pay for six trades i.e. Moulder, Mason., Upholster, Swayer, Pipe Fitter and Plumber. THEre is no dispute that all the employees in the 15 trades mentioned in para 4 of the writ petition previous to the fixation of scale of pay on the basis of the Report of the Expert Committee used to draw the same scale of pay as per the recommendations of the Third Pay Commission in 1973 i.e. Rs. 210-290. A notice was issued on the writ petition by this Court on 4/05/1984. An affidavit-in-counter sworn by one R. P. Bawa, working as SOI in the office of Engineer-in-Chief's branch at New Delhi has been filed. In para 3 of the said counter -affidavit it has been averred that in accordance with the recommendations of the Third Pay Commission which was accepted by the Government, an Expert Classification Committee was set up in 1974 by a Resolution of the Government of India, Ministry of Defence dated 3/10/1974 to study and evaluate the job content of all industrial and a few specifically selected non-industrial Jobs in Defence establishments and to correlate the evaluation to suitable pay scales within the framework of the recommendations of the Third Pay Commission. This Committee was advisory in nature. The Committee submitted its recommendations to the Government in 1979. It recommended nine pay scales for the industrial workers after applying the technique of job evaluation following the Point Rating Method. It has also been stated that on the basis of points scores given by the Expert Committee to the petitioners' jobs fitment of defence workers in revised scales was done strictly on the basis of their respective point scores and the correlation point range evolved by the Government for various scales. It has, been, further stated that Government issued orders to implement the decision on 16/10/1981. It has also been stated that the, petitioners do not belong to skilled grade but they are in semiskilled grade. The petitioners made an application for amendment of the writ petition to the effect that the recommendations, made the so-called Expert Committee was made effective and implemented with effect from 16/10/1981 but in case of petitioners' trades the recommendations of the Expert Committee /Anomalies Committee was made effective and implemented with effect from 15/10/1984. This act on the part of the Government/respondents is discriminatory and the respondents ought to have given the benefit of the recommendations of the Anomalies Committee with effect from 16/10/1981 as had been done in case of other categories of trades.
(3.) IT appears from a copy of letter dated October, 1984 issued by the Engineer-in-Chief that:- ''Pay scale of the categories of industrial workers mentioned in the enclosed Govt. letter has been upgraded from the date of issue of Govt. letter to Skilled grade pay scale (Rs. 260-400). All the existing workers, will be eligible for revised pay scale w.e.f. 15 Oct. 1984. Necessary instructions for implemention be issued immediately." On 15/10/1984, a letter was sent to the Chief of the Army Staff, New Delhi under the signature of Deputy Secretary to the Government of India wherein it has mentioned that the President has accorded sanction, to the upgradation of the following jobs from semi-skilled grade (Rs. 210-290) to the skilled grade (Rs,260-400):- JUDGEMENT_299_2_1989Html1.htm ;