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2006 Supreme(Gau) 203
IN THE HIGH COURT OF GAUHATI (KOHIMA BENCH)
Iqbal Ahmed Ansari, J.
Nagaland Sericulture Technical Staff Association - Appellants
Vs.
State of Nagaland and Ors. - Respondent
W.P. (C) No. 246 (K) of 2002
Decided On: 02.03.2006
For Appellant/Petitioner/Plaintiff: Taka Masa, Adv.
For Respondents/Defendant: I. Jamir, Adv.
The main legal point established in the judgment is that arbitrary and discriminatory actions in granting pay scale are not permissible.
Headnote:
Discrimination - Pay Scale - ROP Rules, 1993, ROP Rules, 1999 - The court discussed the discrimination in granting pay scale to the farm managers/inspectors of the Department of Sericulture compared to those in other allied Departments, and concluded that the refusal to accord the same pay scale without any reasonable cause was arbitrary and discriminatory. The court directed the State Respondents to provide the Petitioner Association with the same pay scale as their counterparts in other allied Departments.
Fact of the Case:
The Nagaland Sericulture Staff Association claimed repeated discrimination in granting of pay scale by the State Government. The Petitioner Association sought issuance of appropriate writ(s) under Article 226 of the Constitution of India.
Finding of the Court:
The court found that the Petitioner Association had convincingly shown that the pay scale granted to them was discriminatory and arbitrary in nature.
Issues: The main issue was the discrimination in granting pay scale to the farm managers/inspectors of the Department of Sericulture compared to those in other allied Departments.
Ratio Decidendi: The court concluded that the refusal to accord the same pay scale to the Petitioner Association without any good and reasonable cause was arbitrary and discriminatory.
Final Decision: The State Respondents were directed to provide the members of the Petitioner Association with the same pay scale as their counterparts in other allied Departments, and to make necessary orders accordingly within a period of two months.
I.A. Ansari, J.
1. Claiming that they have been repeatedly discriminated in granting of pay scale by the State Government, the Nagaland Sericulture Staff Association (hereinafter referred to as 'the Petitioner Association') is before this Court with the present application, made under Article 226 of the Constitution of India, seeking issuance of appropriate writ(s).
2. If put in a narrow compass, the grievances of the Petitioner Association emerge thus: The Petitioner Association is an association of the farm managers and inspectors of the Department of Sericulture, Government of Nagaland, both the farm manager and inspector being interchangeable posts. Till the year 1987, Sericulture was a wing of the Department of Industry and it was, in the year 1988, that a separate Directorate of Sericulture was established by the Government and, in course of time, a separate Department of Sericulture came to be established. The basic minimum qualification for appointment to the post of farm manager/inspector is matriculate with IETC certificate and the same qualification is also required for the purpose of appointment as farm manager/inspector in allied Department, such as, Agriculture, Soil Conservation, Horticulture and Fishery. Notwithstanding the fact that the qualifications required for appointment to the post of farm manager/inspector is same in the Department of Sericulture, Agriculture, Soil Conservation, Horticulture and Fishery and notwithstanding also the fact that the nature of functions and duties of the farm manager/inspector in the Department of Sericulture is same as in the other allied Departments aforementioned, when following the recommendations of the 4th Pay Commission, Revision of Pay Rules (in short, 'the ROP Rules') in 1993 was introduced, the pay scale granted for the farm managers/inspectors, under the Department of Sericulture, was fixed at Rs. 1,250-2,280/- but in respect of farm managers/inspectors in the other allied Departments aforementioned, the pay scale of Rs. 1,450-2,840/-was granted. Thus, though the members of the Petitioner Association, as farm managers/inspectors, had the same qualification, which had the farm managers/inspectors in the other allied Departments, and though the members of the Petitioner Association were performing the same nature of work and discharging similar nature of duties as their counter-parts in other allied Departments aforementioned, the ROP Rules, 1993, without any just and valid reason, created discrimination in granting of pay scale as indicated hereinbefore. When the 5th Pay Commission was constituted, the Petitioner Association raised their demands for granting them the same pay scale, which were to be made available to the similarly situated persons in other allied Departments. Notwithstanding the demands so raised by the Petitioner Association, the ROP Rules, 1999, granted, with effect from 01.06.98, to the members of the Petitioner Association pay scale of Rs. 4,125-6,475/-; but, at the same time, the ROP Rules, 1999, granted to the farm managers/inspectors in other allied Departments the pay scale of Rs. 4,500-7,000/-. Aggrieved by such repeated discrimination, the Petitioner Association came before this Court with the help of a writ petition, which gave rise to WP (C) No. 4(K)/2000. When WP(C) No. 4(K)/2000 aforementioned came up for hearing, it was submitted, on behalf of the State Respondents, that the Pay Anomaly Committee, constituted by the State Government, would be looking into the anomalies, if any, in granting of pay scales to the Government employees and that grievances of the Petitioner Association can be taken care of by the Pay Anomaly Committee so constituted by the Government. Following the submissions so made, the Court disposed of the said writ petition, on 14.03.2001, by making following directions.:
1. The Petitioner Association shall submit a fresh representation to the Anomalies Committee constituted as aforesaid along with all the avail
