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Himachal Pradesh High Court · body

1985 DIGILAW 37 (HP)

SHIV RAJ YADAV v. H. P. STATE SMALL SCALE INDUSTRIES AND EXPORT CORPORATION LTD. , SIMLA

1985-04-25

P.D.DESAI, R.S.THAKUR

body1985
JUDGMENT P. D. Desai, C, J.—The petitioner who is holding the post of Technical Officer on the establishment of the first respondent-Corporation (Himachal Pradesh Small Scale Industries and Export Corporation) in the revised pay scale of Rs. 1400-2100, claims, inter alia, that he is entitled to the grant of special pay of Rs. 150 per month on the analogy of similar pay being given to certain categories of Executive Engineers in the Himachal Pradesh Public Works Department. The proposal with regard to the grant of such special pay with effect from February 1, 1976 to the petitioner was recommended by the Managing Director to the Board of Directors of the respondent-Corporation vide memorandum dated July 13, 1983 (Annexure RA). The relevant portion of the memorandum reads as under ; "Shri Yadav has also made a representation for the grant of special pay of Rs. 150 w.e.f. 1-2-1976 on the analogy of similar pay being given to Executive Engineers who are looking after the work of investigation, planning and designing. The Technical Officers post in the Corporation is equivalent to the post of an Executive Engineer and it is felt that the special pay of Rs. 150 per month may be granted to Shri Yadav. The matter is submitted for consideration of the Board." The Board of Directors at its meeting held on July 21, 1983 considered the above mentioned proposal and resolved that no special pay be granted to the petitioner (Annexure RB). It is under these circumstances that the present petition has been instituted, seeking an appropriate relief, amongst others, in this regard. 2. In paragraph 6 of the petition, the petitioner has referred to the various functions and duties attached to the officer held by him. Accordingly, he is required to perform and discharge, amongst others, the following duties and functions : 1. Project Identification, Planning, preparing project Profile and Reports, estimation of all aspects on Mechanical, Electrical and Electronic and other Engineering intricacies ; 2. Technically preparing tenders for the purchase of machinery and raw material; 3 Market Survey and Market research, investigation and estimation of the product demands and proper margin, looking after hire purchase aspects of machinery of the clients ; 4. Estimation and checking of buildings and other civil works and cost of the project, 3. Technically preparing tenders for the purchase of machinery and raw material; 3 Market Survey and Market research, investigation and estimation of the product demands and proper margin, looking after hire purchase aspects of machinery of the clients ; 4. Estimation and checking of buildings and other civil works and cost of the project, 3. In the affidavit-in-reply filed by the Managing Director of the respondent-Corporation on behalf of the respondent-Corporation it is found stated that the petitioner is expected to prepare the Preliminary Project Reports for the establishment of manufacturing units by the respondent-Corporation and to give technical advice for the purchase«of machinery etc. for such projects and also to render advice as and when required for the running of those units. 4, With the supplementary affidavit filed by the Managing Director on behalf of the respondent-Corporation, a copy of the communication, dated April 16, 1985 addressed by the Registrar, Himachal Pradesh Public Works Department to the Officer on Special Duty of the respondent-Corporation, has been annexed at Annexure R 4. The communication states that special pay of Rs. 150 per month has been sanctioned in the Himachal Pradesh Public Works Department for the posts of Executive Engineers which deal with the work of Designs, Planning, checking of estimates and "the correspondence of works" at the head quarters. However, the special pay is allowed only to the incumbents of the following posts : 1. Executive Engineer (Design) who deals with the work of preparation of Designs and checking of estimates ; 2. Executive Engineer (Planning and Investigation) who deals with the work of Planning and checking of estimates ; 3. Executive Engineer (Works) who deals with "the Correspondence of works" and also assists the Chief Engineers and Engineer-in-Chief in technical matters, meetings and other miscellaneous matters. 5. Having regard to the material placed on the record of the case, it appears that the claim of the petitioner with regard to the grant of special pay requires re-examination at the hands of Board of Directors of the respondent-Corporation. The resolution passed by the Board of Directors at its meeting held on July 21, 1983, rejecting the recommendation of the Managing Director in this regard, does not record reasons in support of the decision. It is not clear whether the Board of Directors was, at the relevant time, possessed of all the precise information bearing on the claim which is now available. It is not clear whether the Board of Directors was, at the relevant time, possessed of all the precise information bearing on the claim which is now available. The claim must be regarded as justified if, on a comparative evaluation of the powers, duties, functions and responsibilities of the office held by the petitioner and those of the Executive Engineers of the Himachal Pradesh Public Works Department who are awarded special pay, an equivalence or even similarity in all material respects is established. Be it stated that, prima facie the respondent-Corporation being a State agency, it is required to fix the pay scales and perquisites of its employees on a par with the pay scales of similarly situate employees in other sectors of public employment and, more particularly in the State Government. Where all things are equal, that is, where all relevant considerations are the some, persons holding identical posts may not be treated differently in the matter of their emoluments, merely because they belong to different departments wings of the State. The principle of equal pay for equal work is deducible from Articles 14 and 16 in the light of the Preamble and Article 39 (d) of the Constitution. In this correction the decisions of the Supreme Court in Randhir Singh v. Union of India aid ethers, AlR 198? SC 879 and Delhi Veterinary Association v. Union of India and others, AIR 1984 SC 1221 are required to be borne in mind by all employers in the Public sector. 6, Under the circumstances, it appears to be expedient in the interest of justice to direct the Board of Directors of the respondent-Corporation to re-examine the claim of the petitioner with regard to the grant of special pay in accordance with law and in light of the observations made herein-above. The decision arrived at by the Board of Directors will be placed on the record of the case on or before June 25, 1985. Adjourned to June 25, 1985. -