Bureau Of Indian Standards ... vs Union Of India (Uoi), Ministry Of ...
2002 Latest Caselaw 1658 Del

JUDGMENT

Vijender Jain, J.

1. Rule.

2. This petition has been filed by the members of the petitioner association impugning the action of the respondents in not granting the revised pay scale of Rs. 1640-2900/- (pre revised) vide office memorandum 2/1/90-CS-IV dated 31.7.90 w.e.f. 1.1.86. It is contended by the counsel for the petitioners that with regard to Assistant and Stenographers a writ petition (C.W. 1663/96) was field. The said writ petition was allowed on 21.4.99. Against that order, respondent preferred an appeal being LPA No. 232/99 which was dismissed by the Division Bench of this Court on 1.8.2000. Against the said order the respondent filed special leave petition in Supreme Court which was also dismissed on 12.1.2001.

3. Mr. Sengh counsel for the petitioner has contended that the nature of duties are comparable with that of the Assistant who have been given the benefit of pay scale of Rs. 1640-2900/- (pre revised), which has been denied in the case of the members of the petitioner association. Counsel for the petitioner has also invited attention of this Court with regard to the counter affidavit filed on behalf of the respondent. In paragraph 4 (vii) at page 54 of the paper book the respondent has taken the stand as follows:

"Although the posts of members of petitioner association are in comparable grade with same classification in pay scales and method of recruitment through open competitive examination, they are neither Assistants nor Stenographers"

4. Mr. Sengh counsel for the petitioner has contended that the stand taken by the respondent is against the direction issued from time to time by the Government of India as well as notification of the respondent. It has been contended by the counsel for the petitioner that in the schedule of post of the respondent under regulations 2 & 14 the grade of the Laboratory Technical Assistant's Posts has been shown in Group 'B'. The grade shown at serial Number 10 for Technical Assistant-A is 1400-40-1600-50-2300-EB-60-2600. Similarly, classification and designation with regard to group B and ground C post in which Assistants and Stenographer fall at serial number 32 & 33 the grade is 1400-40-1600-50-2300-EB-60-2600.

5. Counsel for the petitioner has also invited the attention of this Court on the circular of the respondent which is at page 50 of the rejoinder filed by the petitioner which, inter alia, states that in pursuance of the policy of the Government of India to bring about uniformity in the benefits enjoyed by employees of semi-Government/autonomous bodies and Central Government, the Central Government pattern will be applicable to the employees of the Institution in respect of other benefits except that of leave encashment and modified medical attendance rules with the limit of reimbursement increased to Rs. 1000/-.

6. On the basis of the aforesaid mentioned circular, counsel for the petitioner has contended that the respondent cannot deprive the petitioner association from giving the benefit of pay scale of Rs. 1640-2900/- (pre revised). It has been pointed out by the counsel for the petitioner that in the notification in all the places the grade of the Technical Assistant has been shown as 1400-40-1600-50-2300-EB-6--2600/-. Counsel for the petitioners has also contended that the relative qualification, nature of work and pay sale of Technical Assistant (Lab) and non Technical Assistant in whose case, the respondent is giving the scale of Rs. 1640-2900/-, non grant of such grade to the petitioner is violative of the concept of equal pay for equal work as enshrined in the Constitution of India. At page 19 of the paper book, a comparative chart has been given which inter alia, deals with the minimum entrance qualification for the cadre for Technical Assistants vis-a-vis Assistants. I have perused through the chart. The minimum entrance qualification for the Technical Assistant is a Bachelor degree in Science with 60% marks, whereas, for the post of Assistant the minimum entrance qualification is Matric First Division or Inter Second Division or its equivalent Graduate with typing speed in English-30 w.p.m. and in Hindi-25 w.p.m. is required. Similarly, at page No. 20 of the paper book a chart of nature of duty has been given. The same is reproduced below:

"Nature of duty

Technical 

Assistants

1. Testing/ Analysing work in the Lab scientifically and supporting the scientific cadre formulating new standards for new products

Typing letters

2. Preparation of Test Reports

2. To maintain the records of Test Report. Clerical to support the Administration and Accounts Leave etc.,

3.Training the representative of the manufacturers

7. On the other hand, counsel for the respondent has vehemently contended that the posts of Technical Assistants are not comparable with that of Assistants. Therefore, similar grades cannot be given to the members of petitioner association. Counsel for the respondent has also contended that nature of duties are also different. It is contended by counsel for the respondent that the post of Assistants fall in Group 'B' category, whereas, the post of Technical Assistants (Lab) fall in Group 'C' category. The revised pay scale are mentioned in the various regulations. It is further contended that the respondent being a statutory organisation, it is at the discretion of the respondent to revise the scale of pay and the Court would not interfere in the same while exercising its jurisdiction under Article 26 of the Constitution of India.

8. To my mind, when in the counter affidavit, the respondent has itself admitted as detailed above that the posts of the petitioner association are in comparable grade with same classification in pay scales then there is absolutely no discretion vests with the respondent not to grant the same pay scale to the members of the petitioner organisation. As discussed above, even for the purposes of recruitment the members of the petitioner organisation are selected through direct recruitment, whereas the Assistant are selected through promotion. Even the minimum qualification at the entrance level in the case of Technical Assistants is graduate in science whereas the minimum qualification is matriculate in the case of Assistant. Even from the nature of duties reflected from the chart as discussed above, it cannot be said that there is difference in the nature of duties so as to disentitle the members of the petitioner association from the benefit of the revised pay scale. In the circumstances the respondent is directed to grant the pay scale of Rs. 1640-2900 (pre-revised) w.e.f. 1.1.86 and shall continue to pay on the basis of that scale of pay. Regarding the arrears from 1.1.86 up to the date of the judgment, the respondent shall keep the amount in the account of the Provident Fund account of the employees subject to the rules of the Provident Fund Account.

9. In view of the judgment rendered today the respondent is directed to fix up the grade of the petitioners in terms of the judgment.

10. Rule is made absolute.

11. Writ petition is allowed.