P.SRINIVASAN, J. - (1.) The theme of this application is "equal pay for equal work". The applicants are working as Laboratory Attendants in the Zoological Survey of India (ZSI). They claim that they fall in the category of skilled workers. Their complaint is that from time to time they have been denied parity of pay scale vis   -vis Laboratory Attendants in other Scientific Departments of the Government of India. The Second Pay Commission recommended 2 pay scales for semi -skilled and skilled Laboratory Attendants which were Rs. 75 -95 and Rs. 85 -110. The corresponding scales recommended by the Third and Fourth Pay Commissions were respectively Rs. 200 -250 and Rs. 210 -290, and Rs. 775 -1040 and Rs. 800 -1140. The pay scale of the applicants was always lower than these scales. It was Rs. 70 -85 after the, report of the 2nd Pay Commission, Rs. 196 -232 after the 3rd Pay Commission and Rs. 750 -940 after the 4th Pay Commission.
(2.) Mr. M. Chakraborty, learned Advocate for the applicant submits that the duties performed by the applicants were the same as the duties performed by skilled Laboratory Attendants in other Scientific apartments of the Government of India and as such, on the principle of "equal pay for equal work" they should have been extended the same pay scale as the latter. Not doing so amounts to hostile discrimination against the applicants in violation of Article 14 of the Constitution. Shri Chakraborty drew our attention to the recommendations of the Anomalies Committee which met on 9.2.1979 to consider the case of Laboratory Attendants in the ZSI. The said Committee recommended, "that the posts of Laboratory Attendants in the ZSI should be allocated the pay scale of Rs. 210 -290". Before coming to the conclusion the said Committee pointed out that the job content of the posts of Laboratory Attendants in the ZSI and the qualifications required "justify that the posts should be allocated the pay scale of Rs. 210 -290 as available in other scientific organisations, viz., GSI, CFI, AIPH, etc., etc." In spite of this recommendation, the respondents had rejected repeated representations made by the applicants for fixation of their pay scale at the same level as that of Laboratory Attendants in other Departments. The respondents had stated in their reply that as the pay of Laboratory Attendants in ZSI was fixed originally at the same level as that of Group 'D' employees, revising their scale upwards would cause dissatisfaction among Group 'D' employees like Peons and Farashes. Moreover, the Government had rejected the applicants demand for parity of pay scales after due consideration. The third contention urged on behalf of the respondents in the reply was that fixation of different pay scales for persons with the same designation in different departments did not amount to discrimination, Mr. Chakraborty submits that the respondents had not considered the grievance of the applicants from the right angle. They were side tracking the main issue, viz., whether the applicants actually performed the same duties and were subject to the same responsibilities as Laboratory Attendants elsewhere and were seeking to support their action on extraneous considerations.
(3.) Mr. D. N. Das, Sr. Standing Counsel leading Mrs. Uma Bhattacharyya, ASC vehemently opposes the contentions of Mr. Chakraborty. The Government had considered the report of the Anomalies Committee and had taken all factors into account before rejecting the claim of the applicants. He, therefore, submits that the application deserves to be dismissed.;