G.S. Singhvi, J. - (1.) This is a petition for quashing order dated 14.3.2001 passed by the Central Administrative Tribunal, Chandigarh Bench (for short, the Tribunal) in O.A. No. 194/CH/93 vide which the application filed by the petitioner under Section 19(1) of the Administrative Tribunals Act, 1985 for directing the respondents to bring the pay scale of the Electricians working in Printing and Stationery Department of Chandigarh Administration at par with the Electricians working in Sports Department and Chandigarh Transport Undertaking was dismissed.
(2.) Petitioner No. 1 is said to be a Union of the employees of Government Press, Union Territory, Chandigarh and petitioner No. 2 is working as Electrician in Government Press, Union Territory, Chandigarh. They have averred that there were three posts of Electricians in Government Press, but as on today, only two Electricians, namely, Shri Parminder Singh and Shri Suresh Kumar Sharma (petitioner No. 2) are working there. They have further averred that till 3.11.1989, the pay scale of the post of Electrician employed in Government Press was identical to that of the Electricians working in Sports Department and Chandigarh Transport Undertaking, but thereafter, the pay scale of the Electricians in those department? was revised from Rs. 950-1800 to Rs. 1300-2400 without correspondingly increasing the pay scale of the Electricians employed in Government Press and in this manner, they have been subjected to discrimination which was also reflected at the time of revision of pay scales w.e.f. 1.1.1996. They filed an application before the Tribunal for directing the respondents to revise their pay scale so as to bring it at par with that of the Electricians employed in Sports Department and Chandigarh Transport Undertaking by contending that their qualifications, mode of recruitment and the duties were similar to those employed in the two departments. They heavily relied on the recommendations made by the authorities of Printing and Stationery Department and pleaded that failure of the Chandigarh Administration to revise their pay scale has resulted in violation of their fundamental right to equality granted under Articles 14 and 216 read with Article 39(d) of the Constitution of India.
(3.) The respondents controverted the applicants claim for restoration of parity in the pay scale by asserting that the qualifications prescribed for the post of Electrician in Printing & Stationery Department were different than those prescribed for the Electricians employed in Chandigarh Transport Undertaking. They also averred that the nature of duties of the two posts were also different. The respondents further averred that applicant No. 2 and similarly situated persons had been appointed as Electrician Grade-B in Printing & Stationery Department and not as Electrician. In paragraphs 6 and 7 of the preliminary objections, the respondents made the following averments:- r "6. That it is evident from the Annexure A-6 and A/7 appended by the applicants that the qualifications prescribed for the Electricians in the C.T.U. and Printing and Stationery Department are different and moreover the duties are not identical and as such the applicants have no claim for parity in the pay scales of Electricians of C.T.U. and Printing & Stationery Department on the principle of equal pay for equal work and the O.A. deserves dismissal on admission stage. 7. That the applicants have concealed the facts with a calculated move to mislead this Honble Tribunal with a motive by making averments in para 1 below "subject in brief and in para 4(i) of 4(v)to the effect that S/Shri Darshan Singh, Parminder Singh and Suresh Kumar were selected through the employment exchange in the scale of Rs. 400-600 but on their appointment they were given the scale of Rs. 400-600. The factual position is that prior to 1983 there were two posts of Electricians in this department in the scale of Rs. 400-600 and these two posts were manned by S/Shri Shubh Kumar and Shankar Singh w.e.f. 21.12.1960 and 6.11.1961. Subsequently in the year 1983 two lower posts with nomenclature as Electrician Grade B in the scale of Rs. 400-600 were got created from the Govt, of India Ministry of Works and Housing, New Delhi, vide their sanction letter No. A-11-11/2/81 ptg. dated 10.10.83 and an order No. 1(4) - 83/A&A/EAI/5997 dated 8.11.83 was issued by the respondent No. 3(R-4). The two posts of Electricians Grade-B in the scale of Rs. 400-600 were filled up by the Employment Exchange on the basis of selection made by the Recruitment Board in the Printing and Stationery Department, UT, Chandigarh in its meeting held on 17.4.84. A copy of the minutes of the said meeting is annexed as R/5. Accordingly S/Shri Darshan Singh and Parminder Singh were appointed as Electrician Grade B in the scale of pay of Rs. 400-10-450-15-525-15-600 plus usual allowances vide office order No. 1 (4)-84/A&A/EAI/1440 dated 24.5.84 issued by.the respondent No. 3 (copy annexed as R/6). A copy of the appointment letter issued to Shri Darshan Singh vide this office No. 1 (4)-84/A&AA/EAI/595 dated 30.4.84 is annexed as R/7. S/Shri Darshan Singh and Parminder Singh joined their duties as Electrician Grade B in the scale of Rs. 400-600 vide their joining reports dated 4.5.84 and 10.5.84 respectively. To provide avenue of promotion to the incumbents of these two newly created posts of Electrician Grade B and to prescribe the mode of recruitment, educational and technical qualification extra, draft service rules were prepared and sent to the Chandigarh Administration for approval and publication vide this office letter No. 1 (4)-86/A&A/EIV/6397 dated 17.2.86. Copy of the said letter along with the extract of relevant rule is annexed as R/8. As per the said Rule, the incumbent of the post of Electrician Grade-B in the scale of Rs. 400-600 were provided avenue of promotion in the higher post of Electrician in the scale of Rs. 400-600. It is evident from the qualification and experience etc. prescribed' in the draft service rule for these two different category of posts carrying two different scales of pay. As a consequence of the promotion of Shri Subh Kumar, Electrician on the post of Mechanic w.e.f. 2.1.84 one resultant post of Electrician in the scale of Rs. 400-600 was lying vacant. Since S/Shri Darshan Singh and Parminder Singh, the incumbent of the lower post of Electrician Grade B who were in line for promotion to the vacant post of Electrician in the scale df Rs. 400-600 but could not be promoted due to the reasons that they were under probation for a period of two years as per para 2(iv) of their appointment letter, so it was decided by respondent No. 3 to fill up this vacant post of Electrician in the lower scale of Rs. 400-600 of the post of Electrician Grade B to avoid injustice to S/Shri Darshan Singh and Parminder Singh, the incumbents of Electrician Grade-B appointed on 4.5.84 and 10.5.84 who could only be promoted as Electrician after successful completion of two years probation period. The respondent No. 3 is fully competent to fill up any post in the lower scale of pay as per Rule 77 of GFR 1963 to meet the exigencies so the post of Electrician in the scale of Rs. 400-600 was filled up in the lower scale of Electrician Grade B in the scale of Rs. 400-600 by appointing Shri Suresh Kumar through the Regional Employment Exchange vide this office letter No. 1(4)-84/A&A/EAI/2865 dated 9.8.84 and posting orders No. 1(4)1 A&AJ EAI/4944 dated 30.8.84 annexed as R/9 and R/10 and Shri Suresh Kumar joined his duties on 24.8.84 as Electrician Grade B. On Completion of 2 years probation period by Shri Darshan Singh on the post of Electrician Grade B he was promoted to the post of Electrician in the scale of Rs. 400-600 on the recommendation of DPC and Shri Suresh Kumar who was appointed in the lower scale of Electrician Grade B was adjusted against the regular post of Electrician Grade B was adjusted in the lower scale of Electrician in the scale of Rs. 400-600 on the recommendation of DPC and Shri Suresh Kumar who v.as appointed in the lower scale of Electrician Grade B was adjusted against the regular post of Electrician Grade B vacated by Sh. Darshsn Singh vide this office order No. 1(4)-86/A&A/EAI/4856-71 dated 22.10.86. Copy annexed as R/11. The above position makes it abundantly clear that all these persons namely S/Shri Darshan Singh, Parminder Singh and Suresh Kumar were appointed as Electrician Grade B in the scale of Rs. 400-600 and accordingly they were absorbed on regular basis on the post of Electrician Grade B on 5.5.86, 12.5.86 and 18.2.87. Thereafter S/Shri Darshan Singh and Parminder Singh were also confirmed as Electrician Grade B on 1.6.87 and 10^6.87 respectively. Therefore, they cannot be given the scale of Rs. 400-600 from the dates of their initial appointment nor the scale of Rs. 1350-2400 w.e.f. 3.11.89 in view of the position explained above in para 3 of the preliminary objections, In view of the facts stated above the applicants have not approached this Honble Tribunal with clean hands and the O.A. deserves dismissal at admission stage.";