Back
SUPREME COURT OF INDIA
R. BANUMATHI, INDIRA BANERJEE, JJ.
Punjab State Electricity Board & Another - Appellants
Versus
Thana Singh & Others - Respondents
Civil Appeal No. 193 of 2019 (Arising out of SLP(C) No. 10896 of 2011)
Decided On : 08-01-2019
(2011) 11 SCC 122; (2007) 8 SCC 279 – Relied upon
(b) Punjab State Electricity Board (Revised Pay) Regulations, 1988 – First Schedule r/w section 5, Electricity Supply Act, 1948 – Sub Fire Officers included in Group XII along with Head Clerks and Internal Auditors – However the nature of duties of Sub Fire Officer entirely different from Head Clerks and Internal Auditors – Merely on the ground that Sub Fire Officers are categorised in Group XII along with Head Clerks, Head Clerk-cum-Divisional Accountants and Internal Auditors respondents cannot claim parity – Financial implication is a relevant factor for accepting the revision of pay. (Para 18, 22, 23, 26)
(2006) 9 SCC 643; (2011) 11 SCC 122 – Relied upon
(c) Service law – Pay scale parity – It is open to employer to prescribe different pay scales to different posts even in same group depending upon nature of duties and responsibilities of the posts – Article 14 of the Constitution can be invoked only when the petitioner(s) are discriminated in pay scales from other posts having similar nature of duties and responsibilities –Burden of establishing parity lies on the person claiming it. (Para 19, 21)
(2003) 6 SCC 123; (2011) 11 SCC 122 – Relied upon
Facts of the case:
Respondents are working as Sub Fire Officers in the appellant-Board. The pay scale of the post of Sub Fire Officers was Rs.225-500 which was revised to Rs.1640-2925 with effect from 01.01.1986 along with the pay scales of other category of employees of the Board viz. Head Clerks, Head Clerk-cum-Divisional Accountants and Internal Auditors were revised. Subsequently, by an order dated 03.10.1990, the pay scale of Head Clerks was revised from Rs.1640-2925 to Rs.2000-3500. Likewise, by the same order dated 03.10.1990, the pay scale of the Internal Auditors was revised to the scale of Rs.1800-3200; but the pay scale of the Sub Fire Officers was not revised on par with Head Clerks and Internal Auditors.
The respondents-Sub Fire Officers filed writ petition.
The Single Judge allowed the writ petition.
The Division Bench of the High Court dismissed the appeal filed by the appellant-Board.
Finding of the Court:
High Court proceeded under the erroneous footing that merely because Sub Fire Officers were categorised in Group XII, they were entitled parity of scale of pay with pay scale of Head Clerks, Head Clerk-cum-Divisional Accountants and Internal Auditors.
Result: Appeal allowed.
JUDGMENT :
R. Banumathi, J.
Leave granted.
2. This appeal arises out of the judgment dated 28.09.2010 passed by the High Court of Punjab and Haryana at Chandigarh dismissing the LPA No.713 of 2010 on the ground that the respondents-Sub Fire Officers are entitled to parity of scales of pay as the pay scale granted/revised to other classes of posts within same group viz., Group XII of the Punjab State Electricity Board.
3. Brief facts of the case are as follows:-
Respondents were inducted into the service of the Punjab State Electricity Board (PSEB) in the year 1978 and now they are working as Sub Fire Officers in the appellant-Board. The pay scale of the post of Sub Fire Officers was Rs.225-500 which was revised with effect from 01.01.1978 to Rs.620-1200. Thereafter, by an order dated 21.03.1989, the pay scale for the post of Sub Fire Officers was revised to Rs.1640-2925 with effect from 01.01.1986 along with the pay scales of other category of employees of the Board viz. Head Clerks, Head Clerk-cum-Divisional Accountants and Internal Auditors were revised. Subsequently, by an order dated 03.10.1990, the pay scale of Head Clerks was revised from Rs.1640-2925 to Rs.2000-3500 on the recommendation of the Pay Anomaly Committee. Likewise, by the same order dated 03.10.1990, the pay scale of the Internal Auditors was revised to the scale of Rs.1800-3200; but the pay scale of the Sub Fire Officers was not revised on par with Head Clerks and Internal Auditors. A recommendation letter dated 25.03.1991 was written by the Superintendent Engineer, GNDTP, Bhatinda to the Chief Engineer, GNDTP, Bhatinda to consider the case of the Sub Fire Officers to grant scale of pay on par with Head Clerks and Internal Auditors stating that there will not be much financial burden, if the pay scales of Sub Fire Officers are revised equal to other categories as only five number of posts of Sub Fire Officers exist at GNDTP, Bhatinda and RTP, Ropar. Relying on the said letter dated 25.03.1991 of the Superintendent Engineer, GNDTP, Bhatinda, the respondents-Sub Fire Officers submitted various representations to the appellant-Board requesting for higher pay scale on the ground that the pay scale to the post of Sub Fire Officers in the Punjab State Government Department i.e. Fire Protection Department is Rs.1800-3200 and therefore, the respondents-Sub Fire Officers working in the appellant-Board are also to be given same scale of pay.
4. The respondents-Sub Fire Officers filed CWP No.9294 of 1993 stating that the action of the appellant-Board in granting pay scale less than the State Government employees is illegal, unjustified, discriminatory and violative of Article 14 of the Constitution of India. According to the respondents, there is no difference in qualification for recruitment to the post of Sub Fire Officers between the Board and the State Government and therefore, there should not be any difference in the pay scale between them.
5. The appellant-Board filed counter affidavit stating that the Board is not bound to pay the same pay scale to the respondents-Sub Fire Officers as are given by the Punjab Government to its employees holding the same post. It was averred that Punjab State Electricity Board is a statutory body constituted under the Electricity Supply Act governed by its own regulations. It was averred that the respondents-Sub Fire Officers cannot claim parity with other categories viz. Head Clerks, Head Clerk-cum-Divisional Accountants, Internal Auditors, etc. because all these posts belong to different cadre than the cadre of the respondents-Sub Fire Officers as the nature of work, duties, responsibilities and initial qualifications for recruitment to these posts are different.
6. The learned Single Judge allowed the writ petition holding that the Sub Fire Officers are within Group XII that included Head Clerks, Head Clerk-cum-Divisional Accou
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
