RAM NATH v. HIMACHAL PRADESH KRISHI VISHVA VIDYALAYA, PALAMPUR
1996-01-02
R.L.KHURANA, S.N.PHUKAN
body1996
DigiLaw.ai
JUDGMENT R. L. Khurana, J.—The petitioners are the employees of respondent-University. They are working as Laboratory Assistants. Petitioners No. 1 to 10 were appointed directly as Laboratory Attendants on different dates during the period 1-6-1966 to 24-11-1977. These posts of Laboratory Attendants came to be re-designated as Laboratory Assistants with effect from 1-1-1978. Petitioners No. 11 to 19. who were working as Class IV employees, were promoted as Laboratory Assistants with effect from different dates during the period 2-8-1982 to 22-3-1983. The respondent-University has framed recruitment and promotion rules in the matter of appointment and promotion to various categories of posts, including the post of Laboratory Attendants and Laboratory Assistants. The respondent-University vide statute 5.6 has made the pay scales of various categories of posts under the State Government applicable to the corresponding categories of posts under it The pay scales for Laboratory Assistants and Laboratory Attendants as on 31-12-1977, respectively were Rs, 110-200 and Rs 110160 These pay scales were revised to Rs. 400-600 with effect from 1-1-1978 The posts of Laboratory Attendants vide notification dated 21-7-1980 were re-designated as Laboratory Assistants. Consequent upon such re-designation of the posts of Laboratory Attendants as Laboratory Assistants, persons holding the posts of Laboratory Attendants were deprived of the facility of liveries with effect from 1-7 1980. Vide notification dated 23-2-1984, the Governor, Himachal Pradesh, was pleased to revise the pay scale of Laboratory Assistant from Rs. 400-600 to Rs. 450 700 However, such revised pay scales were not released in favour of the petitioners inspite of representations having been made by them in this regard Such revised pay scale of Rs. 450-700 has been released in favour of those Laboratory Assistants, who have been re designated as Laboratory Assistants Grade I. This has been done without there being a proper or valid justification and by an artificial classification, which action of the respondent-University is arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. The petitioners have, accordingly, approached this court for issuance of appropriate writ, order or direction to the respondent-University to release the revised pay scale of Rs. 450-700 in favour of the petitioners from the due dates In claiming the revised pay scale of Rs. 450-700, the petitioners have averred that they are performing similar duties and responsibilities as their counterparts who have been designated as Laboratory Assistants Grade I. 2.
450-700 in favour of the petitioners from the due dates In claiming the revised pay scale of Rs. 450-700, the petitioners have averred that they are performing similar duties and responsibilities as their counterparts who have been designated as Laboratory Assistants Grade I. 2. The respondent-University while resisting and contesting the claim of the petitioners for grant of revised pay scale of Rs 450-700 has stated that as on 31-12-1977, there were two distinct categories of posts, that is, that of Laboratory Attendants in Grade D in the pay scale of Rs. 110-160 and that of Laboratory Assistants in Grade C in the pay scale of Rs. 110-200. The post of Laboratory Assistant was the next higher post for promotion for Laboratory Attendant. Consequent upon the general revision of pay scales with effect from 1-M978 on the pattern of Himachal Pradesh Government, the pay scale of both the categories of employees, that is, Laboratory Attendants and Laboratory Assistants was revised to Rs 400-600 with common designation of Laboratory Assistants. Subsequently, the State Government revised the pay scale of Laboratory Assistants, who were earlier in the pay scale of Rs. 110 200 to Rs 450-700, since such Laboratory Assistants, prior to 1-1-1978 were Grade C employees Such employees were holding a superior position as compared to Laboratory Attendants, who were Grade D employees in the pay scale of Rs. 110-160, prior to revision. The distinction drawn between the two distinct categories of employees, namely, Laboratory Assistants in the pay scale of Rs. 400-6(0 and Laboratory Assistants Grade I in the pay scale of Rs 450-700 in the matter of their placement in the revised scale was genuine and based on merits Both these categories of employees perform different duties and unequal jobs. 3 We have heard the learned Counsel for the parties and have also gone through the record of the case. 4. It is the admitted case of the parties that prior to 1-1-1978 there were two distinct categories of posts of Laboratory Attendants in the pay scale of Rs. 110-160 and Laboratory Assistants in the pay scale of Rs. 110-200. While the posts of Laboratory Attendants fell under Grade D the posts of Laboratory Assistants fell under Grade C Annexure P-l is an extract of recruitment and promotion rules of the respondent-University.
110-160 and Laboratory Assistants in the pay scale of Rs. 110-200. While the posts of Laboratory Attendants fell under Grade D the posts of Laboratory Assistants fell under Grade C Annexure P-l is an extract of recruitment and promotion rules of the respondent-University. According to Serial No. 1, of the Schedule to the recruitment and promotion rules, the post of Laboratory Assistant is to be filled up only by way of promotion. The field of choice consists of all Grade D employees, having three years length of approved service and possessing educational qualification upto matric with science. In other words, the post of Laboratory Assistant was a promotional post for the persons holding the posts of Laboratory Attendants. 5. Vide notification dated 1-7-1980 (Annexure P-6) the pay scale of Laboratory Assistants and that of Laboratory Attendants was revised to Rs. 400-600 with effect from 1-1-1978. By virtue of this notification, the Laboratory Attendants were also designated as Laboratory Assistants. The State Government on 23 2-1984 (Annexure P-12) further revised the pay scale of Laboratory Assistants to Rs. 450-700 with effect from 11-1978 In accordance with this revision of pay scale directed by the State Government, the respondent-University on 17-9-1984 as per Annexure P-18 also revised the pay scale of Laboratory Assistants, who were earlier in the pay scale of Rs. 110-200 to Rs 450-700 by designating them as Laboratory Assistants Grade I. This was done in modification of the earlier order dated 1 7-1980 (Annexure P-6), Consequently, the recruitment and promotion rules were also amended/modified, Annexure P-2 is the extract of such amended/modified rules According to these amended rules, the post of Laboratory Assistant Grade 1, in the pay scale of Rs, 450 700, is a promotional post for Laboratory Assistants in the pay scale of Rs. 400-600 It is further provided that for being eligible for the pest of Laboratory Assistant Grade I, the person must have five years of service as Laboratory Assistant. 6. Therefore, keeping in view the fact that the post of Laboratory Assistant Grade I in the pay scale of Rs 450 700 is a higher post than the post of Laboratory Assistant in the pay scale of Rs 400-600, neither the distinction between the two categories of posts can be said to be arbitrary and/or discriminatory nor the petitioners, who are in the pay scale of Rs.
400 600 be said to be performing the similar jobs and duties The petitioners, as such are not entitled to the pay scale of Rs. 450-700. The -ratio laid down by the High Court of Gujarat in Dr. L M. Pandya and others v. State of Gujarat and others, 1984 (2) SLR 352, relied upon by the learned Counsel for the petitioners has no application to the facts of the present case 7. The Honble apex Court in Sher Singh and others v. Union of India and others, 1995 (5) SLR 654, has held that normally the courts will not dictate the decision of the statutory authority in exercise of its discretion and formulation of its policies. The courts will not direct the statutory authority to exercise the discretion in a particular manner not expressly required by law. 8. By creating two distinct categories of posts, that is, of Laboratory Assistants in the pay scale of Rs, 400-600 and that of Laboratory Assistants Grade I in the pay scale of Rs. 450-700, the respondent-University has only formulated its policy in exercise of its discretion to the administrative exigencies and demands of the relevant time. There is nothing on record to show that the decision of the respondent-University in creating two distinct categories of posts of Laboratory Assistants is unfair, mala fide or contrary to any statutory directions. 9 For the foregoing reasons, the present writ petition fails and the same is accordingly dismissed with no orders as to costs. Writ petition dismissed.