Bhupinder Singh And Others @APPELLANT@Hash Jammu And Kashmir Project Construction Corporation Ltd. And Another

The petitioners, who are seven in number were working in the Jammu and Kashmir Project Construction Corporation Ltd. (for short the Corporation) as daily wagers and were regularized as Junior Assistants vide No. 949-63 dated 26.02.1985 and placed in the pay scale of 424-730 (pre revised). The petitioners accepted the promotion and continued in the services of the Corporation. However, one Raj Nath Sopori, respondent No. 2 herein who was earlier serving in the Corporation as Junior Assistant had resigned the Corporation and was reappointed as Junior Assistant by the Corporation vide order No. 288-91 dated 19.11.1985 with a clear stipulation that all his claims on account of the services rendered in the post prior to his re-absorption would stand forfeited. In essence, his appointment was fresh. He, however, was given the pay scale of Rs. 430-850 (pre revised).

Aggrieved, the persons similarly situate with respondent No. 2, who too were working as Junior Assistants but placed in the lower pay scale approached this Court by way of SWP No. 1142/1991 which was allowed by this Court vide judgment dated 07.12.1995 on the principle of equal pay for equal work and also on the ground that one post cannot carry two pay scales. The petitioner in the aforesaid writ petition, namely, Ram Kumar was held entitled to higher pay scale as has been paid to respondent No. 2.

Prompted by the outcome of the aforesaid writ petition, the petitioners herein also rushed to this Court by way of writ petition being SWP No. 1543/1998, which was disposed of on 27.03.2001 with a direction to the respondents to consider the claim of the petitioners and pass appropriate orders within a period of three months. This Court further directed that while considering the claim of the petitioners, the fact that some benefit had been given to Mr. Raj Nath Sopori shall also be taken into consideration.

In compliance to the order dated 27.03.2001 the respondent-Corporation passed the impugned order No. 4800-07 dated 18.01.2002 rejecting the claim of the petitioners on the ground that allotment of higher grade for all the Junior Assistants would involve change in the entire grade structure of the Public Sector Undertakings, which is beyond the scope and powers of the Corporation Management.

The case of respondent No. 2, Raj Nath Sopori was sought to be distinguished on the plea that he had earlier served in the Corporation as Junior Assistant in the pay scale of Rs. 430-850 and therefore, had he continued his services, he would have continued in the same pay scale.

Despite notice issue to the respondents and giving them ample opportunities, the respondents have not come forward to file their response. No counter affidavit has even been filed after admission. They have chosen to remain absent. In view of the failure of the respondents to file counter, this Court is left only with the pleadings of the petitioners and the documents appended with the instant writ petition.

Heard learned counsel for the petitioners and perused the record.

The order impugned dated 18.01.2002, on the face of it, is arbitrary and cannot be sustained. It is not in dispute in this writ petition that the petitioners are similarly situate with Ram Kumar, writ petitioner in SWP No. 1142/1991. As already held in the judgment dated 07.12.1995 passed in the aforesaid writ petition, the post of Junior Assistant cannot carry two pay scales and that on the principle of equal pay for equal work, all persons working as Junior Assistants in the Corporation  are entitled to be treated as par. Once the respondent No. 2 was granted the pay scale of Rs. 430-850 (pre revised), and on that analogy, the writ petitioner, Ram Kumar was also held entitled to higher pay scale, there is no reason or justification to deny the similar treatment to the petitioners. The reasoning recorded in the order impugned with regard to the granting of higher pay scale in the case of respondent No. 2 is grossly misconceived, to say the least. The order whereby respondent No. 2 was re-appointed clearly postulated that it would be a fresh appointment and all claims based on the past appointment were forfeited. There can be no justification to say that since respondent No. 2 was earlier working in the Corporation as Junior Assistant in the higher pay of Rs. 430-850 (pre revised) and on his re-appointment, which was, in essence, fresh appointment, he was entitled to the same pay scale, i.e. Rs. 430-850. The order impugned is, therefore, arbitrary and unsustainable. The petitioners are held entitled to the pay scale as was granted to respondent No. 2 as well as Ram Kumar, writ petitioner in SWP No. 1142/1991 who was also held entitled to higher pay scale of Junior Assistant by this Court vide order dated 07.12.1995.

In view of the aforesaid, this petition is allowed. The petitioners are held entitled to be placed in the pay scale of Rs. 430-850 (pre revised) with effect from the date their services were regularized as Junior Assistants. They shall also be entitled to all the consequential benefits including the arrears of the salary.

The respondents shall consider the case of the petitioners in light of the above and pass appropriate orders and place them in the pay scale of Rs. 430-850 with effect from the date of their regularization as Junior Assistants and release all the consequential benefits within a period of three months from the date a certified copy of this order is served upon the respondent-Corporation.

Disposed of.