M.M. DUTT, J.

(1) THESE two appeals by special leave, one preferred by the State of U. P. and the other by the Cane Supervisors of the Cane Development Department. U. P.. are directed against the judgment of the Allahabad High court directing the State government to merge the posts of Ganna Gram Sewaks and Ganna Supervisors into the cadre of Ganna Sahayak in the pay scale of Rs. 400-615 with effect from 1/07/1979.

(2) IN the hierarchy of field officers in the Cane Development Department, U. P., the post of Ganna Gram Sewak is at the bottom. The next higher post is the post of Cane Supervisor. Under the Cane Development (Fourth Class) Service Rules, 1972 framed under Article 309 of the Constitution of India, the posts of Ganna Gram Sewaks are filled by direct recruitment and the minimum qualification prescribed therefor by Rule 9(3) of the said Rules is that a candidate for recruitment in the post of Ganna Gram Sewak must have passed the High School Examination from the Board of High School and Intermediate Education, U. P., or an equivalent examination and he must know Hindi in Devnagri script. Under the Uttar Pradesh Ganna Paryavekshak (III) Services Rules, 1978, also framed under Article 309 of the Constitution of India. 50 per cent of the posts of Cane Supervisors are to be filled by direct recruitment and the remaining 50 per cent by promotion on the basis of seniority from amongst permanent Ganna Gram Sewaks of the concerned region. The basic qualification for the post of Cane Supervisor is Intermediate (Agriculture) or equivalent or High School with two years diploma in Agriculture. The duties that are to be performed by the Ganna Gram Sewaks are preparation of progress report, survey of the cane areas and development programmes. The Cane Supervisors are responsible for plant protection, inputs godown and nurseries in the areas of Ganna Gram Sewaks.

(3) THE State of U. P. appointed a Second Pay Commission in the year 1979. The Ganna Gram Sewaks submitted a representation to the Commission demanding that since their qualifications were similai to those of Cane Supervisors and they performed the same kind of duties, they should get the same pay scale as that of the Cane Supervisors. It appears that on the suggestion of the Pay Commission, the State government appointed a Task Force Committee. The Task Force Committee in its report recommended the merger of the posts of Ganna Gram Sewaks and Cane Supervisors into one group to be designated as Ganna Sahayaks and allotted an equal field of operation. It was observed that the merger being effected would satisfy the demand of the Ganna Gram Sewaks for the equalisation of their pay scale with that of the Cane Supervisors. The said recommendation was made by the Task Force Committee on the ground that there was no special difference between these two categories of posts in regard to the duties performed by the members of each category. The Second Pay Commission, however, did not accept the recommendation made by the Task Force Committee for the merger of these two categories of posts into one category, namely, Ganna Sahayak. After taking into consideration the minimum academic qualification and the nature of duties for each category, the Second Pay Commission, inter alia. reconmmended the revision of the pay scales as follows: Cane Development Department Sl.

Name of Post

Pay Scale

No.

Existing

Proposed

46.

Cane Supervisor/Seed

230-385

400-615 Ordinary

Asstt.

Ordinary

Grade

Grade

250-425

51-675 After

(Selection

10 years of service

Grade)

Selection Grade

(15% Selection

Grade on the post

of Supervisor)

47.

Ganna Gram Sewak

185-265

325-495 Ordinary

Ordinary

Grade

Grade

200-320

400-540 After

Selection

15 years of service

Grade

Selection Grade on

15% posts

_÷¿__

(4) THE recommendation of the Second Pay Commission was considered by the Review Committee and, thereafter, by the Cabinet Subcommittee. There is a dispute between the parties as to