MOHAMMAD RAFIQ, J. - (1.) HEARD learned counsel for the parties.
(2.) THE grievance that has been raised by petitioner that even though he has substantially appointed as Helper, but respondents are requiring him to discharge the duties of Sub-Station Attendant-II/Switch Board Attendant-II right from his initial appointment, therefore, respondents be directed to regularise him and pay him on the basis of equal pay for equal work. Petitioner has given instances of several persons mentioned in seniority list dated 4.8.1974, most of whom according to him are lessor qualified yet they have been appointed/promoted on the post of SSA/SBA Grade-II whereas it has been contended that a different yardstick being adopted in his case. It is also submitted that respondents be required to pay to petitioner salary on the post of SSA/SBA Grade-II on the principles of equal pay for equal work. Action of respondents has thus discriminatory and violative of Article 14 & 16 of Constitution of India. It is, therefore, prayed that writ petition be allowed. When this matter was listed on 30/6/2009, learned counsel for the respondents was required by the Court to inform whether the petitioner, who was initially appointed on the post of Helper Grade-II on 3/11/1978 has so far been granted promotion on the higher post during this intervening of 31 years. Ms. Sweta Pareek, learned counsel for the respondents informed the Court that petitioner has been granted all the three selection scales on completion of 9, 18 & 27 years of service and thus he is receiving the salary three stages higher than the scale of Helper Grade-II. Grievance of petitioner in so far as payment of salary on the principles of equal pay for equal work is concerned stands remedied. On the question of regularisation on the post of SSA/SBA Grade-II, however it is informed that source of recruitment the aforesaid post is 20% by direct recruitment and 80% by promotion. Although petitioner contended that many persons, like him were appointed/promoted despite not possessing qualification of ITI certificate in the trade of electrician, but there are no proper pleadings to the effect whether any other person referred to above is junior to petitioner and so long it is not shown that any junior of petitioner has been promoted, upholding claim of petitioner is likely to adversely effect claim of many persons, who are senior to him and several other employees, who are not before this Court. Moreover, this would give direct jump to the petitioner from the post of Helper Grade-II to that of SSA/SBA Grade-II. Having regard to the facts of the case, on second part of prayer of petitioner, he is set at liberty to make a representation to respondents, who shall consider and decide the same in accordance with law. If the claim of petitioner still not upheld, he would be free to approach appropriate Government for making of reference of industrial dispute to the concerned industrial court. This writ petition is accordingly disposed of.;