ORDER :

1. Petitioners in this writ petition have sought the following prayers:

“(a) Issue a writ of certiorari or any other appropriate writ, order or directions quashing the notification bearing No.5607/2000-2001 dated 19-01-2013 produced at Annexure-E as the same is violative of Articles 14, 16 and 21 of the Constitution and also is discriminatory.

(b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to consider the representation dated 11-02-2014 produced at Annexure-K and consider the cases of the petitioners for stepping up of their pay in the cadre of Assistant Lineman above that of the Junior Meter Readers pay scales at least 2 stages higher having regard additional educational qualification prescribed for them ever since the date of their appointment and grant them all the consequential benefits to meet the ends of justice.

And

(c) Pass such other orders as this Hon’ble Court may deem fit in the circumstances of the case, including the award of the costs of this petition, in the interest of justice and equity.”

2. Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-

The petitioners were all applicants in a 2nd recruitment process initiated by the respondent/KPTCL and other ESCOMS to the post of Assistant Lineman. The petitioners were all recruited through five notifications issued from the year 1998 to 2008. It appears that on 26-03-2007 the KPTCL issued a notification amending the Recruitment and Promotion Regulations by creating a new cadre – Junior Meter Reader. Educational qualification prescribed for the said post in terms of the said amendment was SSLC. It further transpires that KPTCL prescribed to the said post a higher pay scale to that of the petitioners which according to the petitioners is not in consonance with the educational qualification possessed.

3. The petitioners’ claim to be in possession of higher qualification and doing more onerous and strenuous job than that of the Junior Meter Reader, which post was created on 26.03.2007 but allege that Junior Meter Reader is given higher pay scale than that of the petitioners despite doing a desk job. The grievance of the petitioners as pleaded are as follows:-

“(a) The minimum qualification prescribed to the post of Assistant Linemen is SSLC and 2 years ITI or 3 years ITC Certificate. Whereas, the educational qualification prescribed to the post of Junior Meter Reader is only SSLC.

(b) The difference in pay scale in the cadre of Assistant Linemen with SSLC+ITI/ITC qualification is Rs.7950-150-8100-190-9050-240-10250-300-11750-360-16790 whereas the pay scale prescribed to the post of Junior Meter Reader with only SLC qualification is Rs.8480-190-9050-240-10250-300-11750-360-13910-420-16850-510-18890-570-20600.

(c) A candidate who is appointed under fortuitous circumstances is in a better advantageous position with lesser educational qualification over the educationally better qualified Assistant Lineman in respect of pay and in respect of promotional avenues.

(d) 975 Junior Meter Readers get 20% of the vacancies in the cadre of Meter Reader, Operator and Overseer numbering 4827 vacancies, whereas 10,177 Lineman get only 30% of the vacancies and the Assistant Lineman have to get promoted to the post of Lineman and Mechanic Grade-II and wait for several years. Hence, Junior Meter Readers are in an advantageous position compared to the Lineman cadre which is the basic feeder cadre to the post of Meter Reader and other equivalent posts.

(e) An Assistant Lineman is required to earn 2 promotions to go to the cadre of Meter Reader, whereas Junior Meter Reader get immediate promotion on completion of 4 years of service. An Assistant Lineman has to wait for more than a year to get a promotion to the post of Lineman depending on the vacancies.

4. Heard Sri. Narayana Bhat, learned counsel for the petitioners; Smt. Nagashree, learned Additional Government Advocate for respo