- (1.) The petitioner herein has impugned the order dated January 7, 1986, Annexure P-5 whereby his claim for grant of pay scale of Rs. 200-250 (Central Scale-unrevised) now revised to Rs. 775-1025 (Punjab scale) has been rejected by the respondent.
(2.) The petitioner was appointed as a Cook by the respondent vide appointment letter dated May 25, 1982, Annexure P-1 in the pay scale of Rs. 196-3-220/3-232 plus usual allowances as are sanctioned by the Central Government from time to time, on the terms and conditions enumerated therein including the one that he will be governed by the rules and regulations and such other conditions of service as are applicable and may be framed for the employees of the respondent-Institute from time to time. Accordingly, the services of the petitioner are governed by the Postgraduate Institute of Medical Education and Research Chandigarh Rules, 1967. Services of the petitioner were regularised by the respondent by order dated August 26, 1982, Annexure P-2. The petitioner submitted a representation dated July 5, 1982, Annexure P-3 to the respondent stating therein that all the Cooks employed in the Postgraduate Institute were drawing their salary in the pay scale of Rs. 325-495 (Punjab scale)/Rs. 200-250 (Central scale) and, therefore, he was also entitled to the said pay scale and that the pay scale of Rs. 196-232 was wrongly given to him. By another representation dated January 30, 1985, Annexure P-4, the petitioner prayed for grant of pay scale of Rs. 200-250 specifically mentioning therein that there was no pay scale of Rs. 196-232 given to a Cook by the Central Government. His request for correction of the pay scale was ultimately declined by the respondent by letter dated January 7, 1986, Annexure P-5. Even after rejection of his claim, the petitioner went on making representations, the last one being dated July 3, 1991, Annexure P-9 and ultimately filed the present petition.
(3.) Learned counsel for the petitioner vehemently contended that since the Cooks and other similarly situated employees working in the respondent- Institute and performing the same duties are being paid the pay scale of Rs. 775-1025 (Rs. 200-250 Central Scale), there is no justification to keep the petitioner in the pay scale of Rs. 196-232 especially when he was appointed as a Cook and is now a regular employee of the respondent-Institute. Learned counsel further submitted that the impugned order has been passed without taking into consideration the statutory Rules framed by the respondent- Institute and the denial of the said pay scale by the respondent amounts to violation of the principle "equal pay for equal work.";