O R D E R

The case of the petitioner is that the petitioner was appointed as Telephone Operator in the State Guest House in the year 1976 and subsequently promoted as Receptionist in the year 1982. These posts are coming under the Public (Protocol) Department of the Secretariat. Thereafter, the petitioner was promoted to the post of Liaison Officer in the year 2003. The main duty of the Liaison Officer is to attend the protocol duty of all V.V.I.P’s, V.I.P’s, Senior Officer etc. Sometimes, the Liaison Officer has to perform his duty continuously, without any break for 2 to 3 days.

2. It is pertinent to note that the post of Liaison Officer has always been equated with the post of Section Officer in the Secretariat and prior to the VI Pay Commission, both the posts have equal pay scale. However, the VI Pay Commission has not properly considered the issue of fixing the pay scales of the Liaison Officer and the Section Officer in its right perspective and recommended lower pay scale to the post of Liaison Officer. In regard to this, the petitioner has sent a request letter to the Joint Secretary to Government, Public (Protocol) Department to revise the scale of pay for the post of Liaison Officer. Thereafter, the second respondent has issued a letter No.2740/A2/2009 dated 11.11.2010, rejecting the petitioner’s request to revise the scale of pay for the post of Liaison Officer from Rs.9300 - 34800 + Grade Pay of Rs.4600 to Rs.15600 – 39100 + Grade Pay of Rs.5400, considering the job responsibilities attached to the post. Aggrieved over the aforesaid letter dated 11.11.2010, the petitioner has come forward with the present writ petition.

3. The learned counsel for the petitioner submitted that the post of Liaison Officer has always been equated with the post of Section Officer in the Secretariat and prior to the VI Pay Commission, both the posts have equal pay scale of Rs.6,500 – 10,500/-. Moreover, the post of Receptionist and the post of Assistant Section Officer in the Secretariat also have equal scale of pay. The table below shows the comparison of Pay Scales of various posts in the earlier Pay Commission:

4. The learned counsel for the petitioner further submitted that the post of Section Officer has always been equated with the post of Liaison Officer, since both the posts are in the Secretariat service and moreover, the post of Receptionist has also been equated with the post of Assistant Section Officer and the table above shows the various pay scales recommended by the different Pay Commissions. It is pertinent to note that a change has been made only in the VI Pay Commission and as a result of this change, the pay scale of the post of Liaison Officer has been down-graded as compared to the post of Section Officer in the Secretariat. When compared to the post of Section Office in the Secretariat, the post of Liaison Officer is more onerous and on many occasions during the movements of V.V.I.P’s and V.I.P’s, the petitioner have to work for 2 to 3 days continuously without any break and there is no justification for down-grading the pay scale of the post of Liaison Officer to a lower level than that of Section Officer in the Secretariat. The principle of equal pay to equal work will apply in the facts and circumstances of the instant case.

5. The learned counsel for the petitioner contended that the letter No.2740/A2/2009 dated 11.11.2010 is a non-speaking order and it has been passed with non-application of mind. Moreover, there is no reason addu