Point of Law : The concept of equal opportunity undoubtedly permeates the whole spectrum of an individual's employment from appointment through promotion and termination to the payment of gratuity and pension. But the concept of equality has an inherent limitation arising from the very nature of the constitutional guarantee. Equality is for equals.

ORDER :

Satyen Vaidya, J.

By way of instant petition, following substantive reliefs have been prayed:

(i) That the impugned Annexure A-14, dated 3.7.2001 may be quashed and set-aside.

(ii) That the respondent Board may be directed to grant the members of the applicant Association the Time Bound Promotional Scales on completion of 9/16 years of service from the date of their joining the induction post of SAS Superintendents (NG) with all consequential benefits and to pay arrears along with interest @ 18% per annum.

2. Petitioner No.1 is an Association (for short, “Association”) of Supervisory Accounts Services officers working with H.P. State Electricity Board Ltd. (for short ‘Board’).

3. On 14.11.1990, the Board vide office order No.80, revised the scales of pay to certain categories of its employees w.e.f. 01.01.1986. SAS Superintendents (NG) were placed in the pay scale of Rs.2000 – 3500 with initial start of Rs.2100/-.

4. On 31.01.1991, the Board introduced a Scheme providing for the benefit of Time Bound Promotional Scales (for short, ‘TBPS’) to its employees after completion of 9/16 years of regular service in the Board having a maximum scale upto Rs.3500/-. On 20.5.1992, the SAS Superintendents (NG) were also declared eligible for the benefit of TBPS. Accordingly, the SAS Superintendents (NG) became entitled for pay scale of Rs.2400-4250 after 9 years and Rs.3000-4500 after 16 years. Needless to say, that the benefit of TBPS was to be made available only when the employee did not get promoted to the next higher post before the requisite period of 9 or 16 years as the case may be.

5. The Board, vide office order No.1 dated 05.01.1995 revised the pay scale of SAS Superintendents (NG) to Rs.2100-3700 w.e.f. 01.01.1986. On 12.5.1995 the benefit of TBPS granted to SAS Superintendents (NG) was ordered to be withdrawn by the Board with immediate effect.

6. The posts of SAS Superintendents (NG) in the Board were re-designated as Assistant Accounts Officers in the pay scale of Rs.2200-4000 plus Rs.200/- as special pay, vide office order dated 6.6.1996.

7. On 04.12.1996, the Board sought options from SAS Superintendents (NG) to the effect that those who wanted to opt for the initial scale of Rs.2000-3500 with a start of Rs.2100/- would be entitled for the benefits of TBPS and those who opted for improved pay scale of Rs.2100-3700 would not be so entitled. In pursuance to office order dated 4.12.1996, two different classes of SAS Superintendents (NG) were formed, one which opted for the initial scale of Rs.2000-3500 with a start of Rs.2100/- and those who opted for the improved pay scale of Rs.2100-3700/-.

8. On 03.07.2001, a communication was made by the Secretary of the Board to its Chief Accounts Officer in the following terms :

“It is clarified that only those SAS Supdt. (NG), who have completed 9/16 years service on induction post of SAS Supdt. (NG) prior to their re-designation as Assistant Accounts Officer i.e. 6.6.1996 is entitled for the benefit of time bound promotional scale on Punjab State Electricity Board pattern as the post of Assistant Accounts Officer does not exist in P.S.E.B.”

9. As a necessary consequence of above noted communication dated 3.7.2001, a further classification was drawn by the Board between the SAS Superintendents (NG) having opted for the scale of Rs.2000-3500. First, who had become eligible for TBPS before re-designation of the post as Assistant Accounts Officer and second, those who became eligible for TBPS after the re-designation of the post.

10. The Association made a detailed representation to the Member (Finance and Accounts) of the Board on 4.3.2002 and the matter relating to above noted discrimination was taken up with the Board. A meeting, between the Board and the representatives of Association was held on 26.7.2002 in which one of the agenda item was as under:

“3. Delay in sanction of time bound promotional scale to SAS appointee and subsequently re-designated as A.A.O. which have become due w.e.f. 1