The status and corresponding pay scales of employees are to be reckoned with the grade in which they were inducted in service, and the status conferred by the Factory Act does not automatically entitle them to claim salary and allowances of a higher cadre.

Per D.G.R. PATNAIK, J.

Prayer in these writ applications as made by the petitioners is for a direction to the respondent SAIL to grant the scale of pay of Rs. 3100-5150/- in the E-11 Grade of officers to the petitioners from the date the petitioners were appointed to the post of Safety Inspectors/Safety Officers under the Respondent Bokaro Steel Plant, Bokaro Steel City, Bokaro (BSL).

2. Facts of the petitioners' case in brief is that the State Government by notification dated February 13, 1989 (Annexure-5) had notified 26 posts of Safety Officers in the Respondent Bokaro Steel Plant(BSL). The decision of the State Government was communicated by the Chief Inspector of Factories to the Management of the Bokaro Steel Plant (BSL). While doing so, the ChiefInspector of Factories, in exercise of its power under Rule 62B(2) of the Bihar Factories Rules, 1950 had also intimated that relaxation in the qualification of requisite experience would also be granted to deserving candidates who were found professionally competent. A direction was issued by the Chief Inspector of Factories to the Management of the Bokaro Steel Plant (BSL) to submit applications for grant of exemption and also to obtain the exemption before making appointment of Safety Officers.

In response, the respondent BSL invited names of eligible candidates from the Employment Exchange. The process of selection for appointment of Safety Officers was undertaken and completed and after approval of the names by the Chief Inspector of Factories in terms of the provisions of Rule 62B(2) of the Bihar Factories Rules, appointment of four of the present petitioners as Safety officers under the BSL was made.

Subsequently, by adopting the same procedure, five other petitioners were also appointed on the post of Safety Officers.

3. After their appointment, a question arose as to whether the Safety Officers appointed under the BSL hold the requisite qualifications. The matter was taken up in a writ application vide C. W.J.C. No. 152/1994(R) before the Patna High Court, Ranchi Bench. The Court obtained a report of inquiry from the Chief Inspector of Factories on this issue. The report submitted by the Chief Inspector of Factories confirmed that the petitioners are qualified Safety Officers. In respect of the petitioners named at SI. No. 29 to 39 of the report, it was stated that they have passed Diploma in Industrial Safety which is recognized by the State Government. They were thereafter designated as Safety Inspectors under the BSL.

4. The grievance of the petitioners is that merely by designating them as Factory Inspectors, the Management of the respondent BSL has been denying them the pay scale of Safety Officers. Inspite of their repeated demands from the very beginning and inspite of the letters of recommendation issued by the Inspector of Factories/Deputy Chief Inspector of Factories, the respondent Management of the BSL had failed to remove the pay anomaly and has not been paying the scale of pay equivalent to the scale of pay of the officers of corresponding posts.

5. Shri A.K. Mehta, learned counsel for the petitioner would submit that the denial of the scale of pay to the petitioners equal to the scale of officers holding posts corresponding to the rank of the petitioners, is illegal arbitrary and discriminatory. Learned counsel explains that Rule 62B(1) of the Bihar Factories Rule, 1950 defines "Safety Officers" and means any officer by whatever designation known, possessing the qualification prescribed in the Rules. Such qualifications of Safety Officers has been prescribed in Rule 62B(2) and the same rule provides that the Chief Inspector of Factories may grant exemption of the requirements of Sub-Rule (2) if suitable persons possessing necessary qualifications and experience are not available for appointment. Sub-Rule (3) of Rule 62(B) lays down the conditions of service of Safety Officers and Clause (b) of Sub-rule (3) of Rule 62B provides that the Safety Officers b