- (1.) This order shall dispose of Civil Writ Petition Nos. 4176 of 1988, 3685 and 3671 of 1990 as common question of law and facts arise in these cases. The facts have, however, been extracted from Civil Writ Petition 4176 of 1988.
(2.) Stark and an apparent anomaly in the pay scales of petitioners has driven them to this Court to seek appropriate hike in their pay scales through present petition filed by them under Article 226 of the Constitution of India. The facts from which the relief asked for stem, need a brief mention.
(3.) All the petitioners are working as Senior Laboratory Assistants/Junior Laboratory Assistants in the Government College at Hisar. There is another category of employees below the petitioners known as Laboratory Attendants. Whereas, Sr. Lab. Assistants and Jr. Lab. Assistants are class III employees, Lab. Attendants are class IV employees. Required qualifications and duties of Laboratory Attendants, Sr. Lab. Assistants and Jr. Lab Assistants are as under :- JUDGEMENT_69_LAWS(P&H)10_1994(1).html Senior Laboratory Assistants are promoted from the post of Jr. Lab. Assistants and Jr. Lab. Assistants are promoted from the post of Lab. Attendants. The qualifications and duties of all the three categories, as referred to above, are different. Whereas, Sr. Lab. Asstt. are more concerned with the job of technical nature than that of Jr. Lab. Asstts., Lab. Attendants are not much required to do job of technical nature. Despite the fact that Sr. Lab. Assistants and Jr. Lab. Assistants are promoted from a lower post of Lab. Attendants as also that there is basic difference in the qualifications of the three posts, referred to above, as also that the nature of duties assigned to these posts is different. Laboratory Attendants being required to have less qualifications, Jr. Lab. Assistants having to do some technical duties and Sr. Lab. Assistants required to do all technical duties, respondent-State placed all the three posts in the same pay scale w.e.f. January 1, 1986. This, obviously was not to the liking of those, like petitioners, who were holding the posts of Sr. Lab. Assistants/Jr. Lab. Asstts. with higher academic qualifications and more technical jobs to perform, thus, constraining them to address various representations to the concerned authorities. The Principal of the College being convinced of the claim of petitioners referred the matter to the Secretary, Anomaly Committee, Haryana at Chandigarh as also the Director, Higher Education, Haryana at Chandigarh for clarification/decision regarding the grades of said posts. They, however, met with no success. It is the case of petitioners that in Delhi and Central Universities, there is difference of pay scale of Laboratory Staff. Whereas, a Laboratory Attendant gets the scale of Rs. 290-500 which was revised to Rs. 957-1,660 and selecting grade Rs. 1,200-2,040, Jr. Lab. Assistants were earlier getting pay scale of Rs. 330-560 which was later revised to Rs. 1,200-2,040 and selection grade Rs. 1,400-2,600/-. Likewise, Sr. Lab. Assistants were earlier getting the pay scale of Rs. 425-700 which was later revised to Rs. 1,400-2,600 and selection grade of Rs. 1,640-2,900/-. So is the position with regard to employees of Haryana State Electricity Board Laboratories.;