- (1.) HEARD learned Counsels appearing on both sides and perused the record.
(2.) PETITIONERS, namely, Sarvashri Omkar Nath Kushwaha, D. C. Banerjee, Mahabir, Prithwi Pal, Lallan Prasad, Talib Raza, Baram Din, G. R. Singh, S. N. Nishad, Mewa Lal, Ram Gopal, Nankoo Ram, Moti Lal and K. N. Gupta, working as 'markers' and being aggrieved by the disparity in the pay-scale available to them vis-a- vis the pay-scale which was made applicable to 'painters' and 'decorators' trade have approached this Court by means of the present writ petition under Article 226, Constitution of India,1950 seeking to challenge the judgment and order dated 25-7- 2000/annexure-1 to the petition passed by Central Administrative Tribunal rejecting O. A. No. 1275 of 1999. It is not in dispute that three Tradesmen-'makers', 'painters' and 'decorators' were getting one and the same pay-scale till 1981. After 1981, 'painters' and 'decorators' were treated in the skilled category and given pay-scale of Rs. 260-400, while 'markers' remained in the pay scale of Rs. 210-290. Later 'markers' were made entitled to pay scale of Rs. 800- 1150, Painters and Decorators were placed in pay-scale of Rs. 950-1500.
(3.) PETITIONERS, apart from other contentions, place reliance upon the report of Sub-Committee formed at the instance of the staff side members of the J. C. M. of Army Head Quarters which urged that Markers be treated as skilled trade and should be given skilled grade. The Sub-Committee under the Chairmanship of Brig. S. A. Zamir alongwith other members of the Committee undertook an exercise to find out the details of the nature of job performed by Markers, Painters and Decorators and came to the conclusion that identical duties and job was performed by all the three and all the three placed in one and same pay-scale. Apart from the recommendation of the aforesaid Sub-Committee at departmental level, Fifth Pay Commission specifically considered the above subject of demand of parity in pay-scale and merger of 'markers', 'painters' and 'decorators' in one Grade.;