Full Judgment
C.W.P No.12690 of 1992 (O&M) ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No.12690 of 1992 (O&M) Date of decision : August 20, 2013 Paramjit Kaur, .....Petitioner v.
The State of Punjab and otheRs......Respondents *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr.D.S Kamra, Advocate for the petitioner.
Mr.Sushant Maini, DAG Punjab for the respondents.
*** 1.
Whether Reporters of Local Newspapers may be allowed to see the judgment ?.”
2. To be referred to the Reporters or No.?.”
3. Whether the judgment should be reported in the Digest ?.
*** AJAY TEWARI, J (Oral) By way of this writ petition, the petitioner prays for quashing of the order dated 13.07.1992 (Annexure P-12) rejecting her representation for grant of pay scale of ` 570-1080/- further revised to ` 1500-2640/-.
Brief facts of the case are that pursuant to the advertisement dated 01.04.1983, the petitioner applied for the post of Librarian in respondent No.3-Department in the pay scale of ` 450-800/-, and the qualification prescribed was Matric in 2nd class with two years certificate in Library Science.
The petitioner was Graduate with two years diploma in Library Science.
As per the recommendation of the Employment Exchange, Kumar Kishan 2013.08.20 10:43 I attest to the accuracy and integrity of this document High Court Chandigarh C.W.P No.12690 of 1992 (O&M) ::2:: Punjab, the petitioner was appointed by order dated 17.05.1983.
Thereafter she was appointed on regular basis w.e.f 1.4.1985 by order dated 20.10.1986.
In the year 1988, Third Pay Commission gave its report and pay scales were revised by the Commission w.e.f 1.1.1986.
As per the report of the Second Pay Commission, pay scale of Librarian was fixed in the pay scale of ` 570-1080/-, which was further revised by the Third Pay Commission to ` 1500-2640/-.
The petitioner was, however, not given the pay scale of ` 570-1080/- as had been fixed by the Second Pay Commission and as revised by the Third Pay Commission to ` 1500-2640/-.
The stand taken by the respondents in their written statement is that the post of Librarian in the pay scale of ` 450-800/- was sanctioned for respondent No.3-Department, on which the petitioner was offered adhoc appointment, vide Annexure R-2 and thereafter on regular basis vide Annexure P-3.
She accepted the terms and conditions mentioned in the appointment letter and submitted her joining reports on 22.6.1983 (Annexure R-4) and 5.11.1986 (Annexure R-5) respectively.
She gave her option dated 15.9.88 (Annexure R-6) to revise her pay in the pay scale of ` 1200-2100/- as revised by the Third Pay Commission.
It has further been mentioned that the petitioner cannot seek parity with the Librarians working in other departments, more-so when the essential qualifications for the post/s with which she is seeking parity were higher than the qualifications for the post on which she was selected, merely on account of the fact that she possessed higher qualification.
Counsel for the petitioner has relied upon a judgment of this Court in CWP No.3323 of 1995, Neelam Bala v.
State of Punjab and otheRs.Kumar Kishan 2013.08.20 10:43 I attest to the accuracy and integrity of this document High Court Chandigarh C.W.P No.12690 of 1992 (O&M) ::3:: decided on 30.11.2011 and has argued that in view of the said decision, this writ petition should be allowed.
Counsel for the respondents has, however, argued that the case of Neelam Bala (supra) would not be applicable to the facts of the present case since she was appointed in a different department.
Apart therefrom, counsel for the respondents has argued that merely the nomenclature of the post would not be definitive.
He has pointed out to the report of Second Punjab Pay Commission, wherein the Commission noticed as follows :- “(3) Librarians.
12.21 The posts of Librarians exist in different departments in different scales of pay as also with different designations as will be clear from the table set out below :- S.not Present scale of Designation not of posts.
pay 1.
400-800 Librarian or Librarian Class II 2.
300-600 Senior Librarians or Librarians (Class III) or Librarians 3.220-500 Librarians/or Assistant Librarians 4.125-300 Librarians or Junior Librarians 5.110-250 Librarian or Junior Librarians Total 12.22 It is possible that the information in respect of such posts may not have been supplied by some departments to the Commission.
But it seems that the pattern is almost the same.
The above table shows that the highest and the lowest functionaries are in the scale of ` 400- 800 and ` 110-250 respectively.
The posts mostly carry the same designations such as Librarian, Junior Librarian, Assistant Librarian, Senior Librarian, etc.These posts appear to have been sanctioned not on the basis of the strength of the Libraries looked after by them, but merely on the basis of qualifications held by the incumbents.
The posts of Librarians in the highest scale of pay of ` 400-800 exist in the Punjab State Library at Patiala and the Punjab Civil Secretariat Library, Chandigarh.
The qualifications, prescribed for the Librarian in the Punjab Civil Secretariat is MA with diploma in Library Science and three years experience as Librarian in a Government Department.
The qualifications prescribed for the Librarian of Punjab State Library is M.A/M.Sc/M.Co.with diploma/degree in Library Science or M.Lib or by promotion from Librarians, Class III.
The Kumar Kishan aforementioned posts are gazetted, Class II.
There are in Class III 8.2013.08.20 10:43 I attest to the accuracy and integrity of this document High Court Chandigarh C.W.P No.12690 of 1992 (O&M) ::4:: posts of Librarians in the scale of ` 300-600.
These posts are in Government Colleges.
Isolated posts of Librarians in this scale also exist in the Directorate of Public Instructions (Schools).Punjab Public Service Commission, Punjab Planning Board and the Directorate of Research and Medical Education.
The qualifications prescribed vary from Department to Department.
There is yet another scale of ` 220-500.
Pay scale covers 6 posts with different designations viz., Librarians and Assistant Librarians in the Economic and Statistical Organization, Punjab Vidhan Sabha, Directorate of Languages, and Directorate of Public Instruction.
The qualifications again very from Department to Department.
In the Punjab Vidhan Sabha, in this scale, one post carries the designation of Librarians and the other of Assistant Librarian.
Each of these also carries a special pay of ` 50 per mensem.
The largest number of posts of Librarians exist in the scale of ` 125-300.
These are mostly for the Government Schools (119 posts).The qualifications prescribed for these posts are Matriculate with Certificate of Library Science.
There are15 Posts for the Department of Language, Technical Education, Vidhan Sabha, Communication Development, Power of Water Resources, Sales Tax Tribunal, Research and Medical Education.
Here also the qualifications prescribed are not the same.
The lowest scale of pay viz 110-250, is meant for 3 posts of Librarians or Junior Librarians in the Public Health Department, Directorate of Health and Family Welfare and Punjab Civil Secretariat.
The qualifications vary from B.A with diploma in Library Science prescribed for the Librarians in the Directorate of Health and Family Welfare Matriculate with Certificate in Library Science in the Public Health Department.”
He has, thus, contended that the Commission had itself noticed that the nomenclature `Librarian' had been loosely applied by different departments to different posts requiring different qualifications and carrying different responsibilities and, thus, the mere description of the post of the petitioner as `Librarian' could not be determinative.
Counsel for the respondents has argued that the petitioner very well knew at the time of the application itself that the essential qualifications prescribed for her post were Matric with second class with two years certificate in Library Science and the pay scale was ` 450-800.
He has further pointed out that in the case of Neelam Bala (supra) the essential qualification was ambiguous in so much as in the following Kumar Kishan 2013.08.20 10:43 I attest to the accuracy and integrity of this document High Court Chandigarh C.W.P No.12690 of 1992 (O&M) ::5:: terms :- “ i) BA with diploma in Library Science; ii) Matric with certificate in Library Science.”
Further, in the Directorate of Health and Family Welfare (where Neelam Bala was employed).a subsequent appointment was made of Librarian in the higher pay scale.
In the light of the above arguments, the points which arise for determination are :- i) Whether the judgment in Neelam Bala's case (supra) is applicable ?.
ii) Whether the petitioner is seeking equal pay for equal work ?.
iii) Whether the petitioner is seeking higher pay scale than that granted to her by the employer ?.
As regards the fiRs.question, in view of dis-similarities pointed out by counsel for the respondents, in my considered opinion, the case of the petitioner would not be covered by the judgment in Neelam Bala's case (supra).As regards the second question, the Hon'ble Supreme Court in Harbans Lal and others v.
The State of Himachal Pradesh and otheRs.1989 (5) SLR 774.held as follows :- “.....The discrimination complained of must be within the same establishment owned by the same management.
A comparison cannot be made with counterparts in other establishments with different management, or even in establishment in different geographical locations though owned by the same master.
Unless it is shown that there is a discrimination amongst the same set of employees by the same master in the same establishment, the principle of “equal pay for equal work”.
cannot be enforced.
This was also the view expressed in Meva Ram Kanojia v.
Kumar Kishan A.I.I.M.S, 1989(2) SCC 23.at 245......”
2013.08.20 10:43 I attest to the accuracy and integrity of this document High Court Chandigarh C.W.P No.12690 of 1992 (O&M) ::6:: Besides, a perusal of the report of the Second Punjab Pay Commission reveals that nomenclature `Librarian, Assistant Librarian etc.has been loosely used in various departments of the government.
In the circumstances, the mere fact that the job of the petitioner was described as that of Librarian would not be determinative.
As regards the third question, reference is made to the judgment of the Hon'ble Supreme Court in State of U.P and others versus Shri J.P.Chaurasia and otheRs.J.1988(4) SC 53.wherein it was held as follows :- “18.
The fiRs.question regarding entitlement to the pay scale admissible to Section Officers should not detain us longer.
The answer to the question depends upon several fact ORS.It does not just depend upon either the nature of work or volume of work done by Bench Secretaries.
Primarily it requires among otheRs.evaluation of duties and responsibilities of the respective posts.
More often functions of two posts may appear to be the same or similar, but there may be difference in degrees in the performance.
The quantity of work may be the same, but quality may be different that cannot be determined by relying upon averments in affidavits of interested parties.
The equation of posts or equation of pay must be left to the Executive Government.
It must be determined by expert bodies like Pay Commission.
They would be the best just to evaluate the nature of duties and responsibilities of posts.
If there is any such determination by a Commission or Committee, the court should normally accept it.
The Court should not try to tinker with such equivalence unless it is shown that it was made with extraneous consideration.”
In view of what has been discussed above, I do not find any merit in this writ petition and the same is dismissed with no order as to costs.
( AJAY TEWARI ) August 20, 2013.
JUDGE `kk' Kumar Kishan 2013.08.20 10:43 I attest to the accuracy and integrity of this document High Court Chandigarh C.W.P No.12690 of 1992 (O&M) ::7:: Kumar Kishan 2013.08.20 10:43 I attest to the accuracy and integrity of this document High Court Chandigarh