Point of Law: A mere difference itself does not always amount to discrimination and non-uniformities would not in all events violate Article 14 of the Constitution of India.

JUDGMENT :

A.K. Jayasankaran Nambiar, J.

The State and its Director of Vocational Higher Secondary Education are the petitioners herein, aggrieved by the order dated 25.5.2016 of the Kerala Administrative Tribunal in O.A.No.1644 of 2014. The brief facts necessary for disposal of this O.P.(KAT) are as follows:

The O.A. was filed by a recognised Union of Laboratory Technical Assistants [LTA's] in the Government and aided Vocational Higher Secondary Schools in Kerala and two of its individual members seeking parity in pay scale with Trade Instructors Grade II in the Technical High Schools in the State. When Vocational Higher Secondary Schools were started in Kerala in 1983-84, skilled Assistants working in Technical High Schools were posted on deputation basis to the Vocational Higher Secondary Schools [VHSS's]. The skilled Assistants were treated at par with Laboratory Attenders. Over a period of time however, the designation of the posts changed and the skilled Assistant/Trade Instructor Grade II came to be recognised as the supporting staff of Technical High Schools, whereas Laboratory Attenders came to be re-designated as Laboratory Technical Assistants and recognised as supporting staff of the Vocational Higher Secondary Department.

2. The qualification requirement of the LTA's in the VHSS was always higher, for, they had to be possessed of the qualification of SSLC and Certificate in the concerned Vocational Higher Secondary course OR two years ITI certificate in the branch concerned. The Trade Instructor Grade II, on the other hand, had only to have the qualification of 7th standard and Trade Certificate in the trade concerned. The duties of the LTA's in the VHS Department and Trade Instructor Grade II in the Technical Department were more or less the same. Notwithstanding the above, while implementing the 7th Pay Commission recommendation with effect from 1997, the Trade Instructor Grade II was granted a higher pay scale of Rs.3350 - 5275 in the Pay Band S-5, while the LTA's were granted the pay scale of Rs.3050 - 5230 in Pay Band S-4. This is notwithstanding the fact that the pre-revised pay scale of both categories was Rs.1050-1660.

3. The disparity that was brought about in the Pay Revision led the LTA's in the VHS Department to prefer representations to the State Government which promised to look into the matter in the next Pay Revision. In the 8th Pay Revision that was effected from 2004, the Government took note of the grievance of the LTA's in the VHS Department, and recommended the higher scale for LTA's. Paragraph 5.16.5.4. of the 8th Pay Revision order [Annexure A6] is relevant, and reads as follows:

It is significant that what the Government did was to bring about the pay scale parity between the LTA's in the VHS Department and Technical Assistant Grade II in the Technical Department by making the pre-revised scale equal at Rs.3350 - 5275. This effectively brought both categories of posts into the pre-revised Pay Band S-5. Thereafter, however, while the revised pay scale for LTA's in the VHS Department was retained in Pay Band S-5 and fixed at Rs.5510 - 8590, the revised pay scale for Trade Instructors Grade II was enhanced and fixed in Pay Band S-7 at Rs.6680 - 10790. In effect, therefore, the Government, while addressing