R.S. Mongia, J. - (1.) (Oral) - Brief facts giving rise to the present writ petition may be noticed:- There are 8 posts of Technical Supervisors in the Punjab Khadi and Village Industries Board, Chandigarh (hereinafter called the 'Board'). These 8 posts are in different disciplines and the qualifications for the same are mentioned in Annexure P-3, which are reproduced below:- JUDGEMENT_128_LAWS(P&H)1_1993(1).html
(2.) Prior to 1.1.1978 the posts of Technical Supervisors carried different pay scales. However, on the recommendations of the IInd Pay Commission, which were made effective from 1.1.1978, all the posts of Technical Supervisors were put in the same pay scale of Rs. 700-1200/-. The petitioner was appointed as Technical Supervisor (Soap) in the year 1979 in the pay scale of Rs. 700-1200/-. The said scale for all the posts of Technical Supervisors continued upto 1986. After the recommendations of the IIIrd Pay Commission, Respondent No. 1, for purposes of revision of pay scales of the employees of the Board and other Public Sector Undertakings, constituted a committee. This Committee recommended the revision of pay scales of various posts including Technical Supervisors with effect from 1.1.1986. The Notification to that effect dated 11.7.1979 has been appended as Annexure P-2 to this writ petition. The petitioner has been placed in the pay scale of Rs. 1350-2040/- This writ petition has been filed for giving directions to the respondents to fix the pay of the petitioner, as Technical Supervisor (Soap), in the pay scale of Rs. 1500-2640/-, instead of Rs. 1350-2400/- with effect from 1.1.1986.
(3.) The learned counsel for the petitioner submitted that in the recommendations of the Committee constituted to consider the revision of pay scales, it was not made clear as to which out of the 8 posts of Technical Supervisors, 5 would be in the pay scale of Rs. 1500-2640 and which other three in the pay scale of Rs. 1350-2400/-. He further submitted that the Board had placed one post of Technical Supervisor (Leather) (out of two posts of Technical Supervisors (Leather), one post of Technical Supervisor (PCPI) and one post of Technical Supervisor (Soap) in the lower pay scale of Rs. 1350-2400/- and the rest of the five posts of Technical Supervisors were kept in the higher pay scale of Rs. 1500-2640/-. He highlighted the duties assigned to all the Technical Supervisors, which have been enumerated in Annexure P-3 and submitted that all the Technical Supervisors were and are performing the same duties and it was because of this reason that on the recommendations of the IInd Punjab Pay Commission, the pay scale of all the Technical Supervisors was made equal. To point out an anamoly in the decision of the Board, he submitted that out of the two posts of Technical Supervisors (Leather) which have the same qualifications and duties, one post has been kept in the lower pay scale, while the other in the higher pay scale. He went on to submit that once the pay scales of two posts are equated, then the State Government/Board must give some reasons as to why on the revision of pay scales, one post is kept in the lower pay scale while higher pay scale is given to the other post. Learned counsel submitted that no reasons have been given to place the post of Technical Supervisor (Soap) in the lower pay scale.;