CWP No.11092 of 1988 : 1 : In the High Court of Punjab and Haryana at Chandigarh. Date of decision:15.12.2008. Milk Recorder Union, Animal Husbandry Department, Punjab, through ts Secretary Mr.Brij Kishore and President S.Surjit Singh. ... Petitioner. Versus The State of Punjab and another ... Respondents Present: Mr.Girish Agnihotri, Senior Advocate, with Mr.Ranvir S. Chauhan, Advocate, for the petitioner. Mr.SS Sahu, Assistant Advocate General, Punjab, for the respondents. PERMOD KOHLI, J. (Oral) I have heard the learned counsel for the parties at length and perused the record of the case. The posts of Milk Recorders were filled up for the first time in the year 1958. The minimum qualification for the posts in question was prescribed as F.Sc. and the same were placed in the pay scale of Rs.75-125/-. In the year 1968, the pay scales of Milk Recorders were revised to Rs.130-200/- with selection grade of Rs.140-300/- for one third of the total strength of the Milk Recorders. Some more posts of the Milk Recorders were created in the year 1970 and the qualification for the Milk Recorder was also redefined as Matriculation with second division with three years field experience. In the year 1972, new cadre of Junior Field Investigators (for short JFIs) was created in the same CWP No.11092 of 1988 : 2 : department. The qualification of this post was prescribed as Matriculation with Second Division with no field experience. These posts were created in the pay scale of Rs.140-300/-. It is alleged that the nature of job of Milk Recorders and that of the JFIs was the same. They were to visit the villages for Milking of cows and buffaloes in the departmental Dairy Farms etc. It is further alleged that these posts were inter-transferable. The petitioners have placed on record various orders through Civil Misc. Applications. One of such order is whereby joint instructions were issued to these categories of posts including the Field Survey etc. to indicate that the nature of job and duties of these two categories of posts were similar in nature. In the year 1982, drafts rules were framed whereunder the qualifications for Milk Recorders and JFIs were amended which are reproduced as under:- Junior Field Investigator:- Graduate from a recognised University with Economics or Statistics or Mathematics. Milk Recorders:- 1.Graduate or second class Intermediate or First Class Matriclate. 2.Working knowledge of recording milking data. CWP No.11092 of 1988 : 3 : These drafts rules were, however, finalised and adopted and notified as Punjab Animal Husbandry (non-Ministerial) Class-III Services Rules, 1992 (hereinafter referred to as “the Rules”). Under these rules, the mode of recruitment was as under:- Junior Field Investigators 25 per cent 75 per cent (i) 50 per cent from Enumerators, Punchers, Computers; and (ii) 25 per cent from Milk Recorders Graduate from a recognised University with Economics or Statistics or Mathematics as one of the subjects. From amongst Enumerators, Computers, Punchers and Milk Recorder's with two years experience as such. Milk Recorders 100 Per cent -- -- Graduate or 10 plus 2 in Second Division or Matric First Division. -- The pay scales of these posts were revised as Rs.950-1900 and Rs.1200-2100/-, for Milk Recorders and JFIs, respectively. These pay scales were made applicable with effect from 01.01.1986 on the recommendation of the Third Pay Commission. The grievance of the petitioner is that even in the year 1968 and thereafter when the pay scales of the Milk Recorders and JFIs were notified, the Milk Recorders were placed in a lower pay scale initially CWP No.11092 of 1988 : 4 : with higher qualification and subsequently with equal qualifications and better experience. It is further the case of the petitioner that the nature of job and duties being similar and the mode of the recruitment of the petitioner being different than the JFIs, they were discriminated against on the question of fixation of the pay scales. The petitioner filed representations dated 23.12.1981 and 27.01.1983 and thereafter also served legal notice dated 06.10.1988 seeking parity in the pay scales. It is alleged that in all subsequent pay revisions, discrimination has been continued. In the reply, it is stated that, though, initially no experience for the JFIs was prescribed. However, subsequently, some experience was prescribed for the same post keeping in view their duties of higher value and responsibility. It is pertinent to note that no where in the reply, the respondents have denied the allegations or come out with the facts that the nature of duties of these two categories of employees were different and if so how. As a matter of fact, there is no specific reply to the allegations made in the writ petition and the documents placed on record through civil miscellaneous application are not disputed. The request of the petitioner for grating them pay parity has not been considered despite representations and legal notice. The petitioner- Union is seeking writ of mandamus. In view of the above, it is deemed appropriate that the respondents be directed to take into consideration the question of CWP No.11092 of 1988 : 5 : qualifications, experience, nature of duties etc. and the matter be referred to the Expert committee for examination for the purposes of consideration for grant of equal pay for equal work or parity of pay scales for the two categories of the employees in the department mentioned hereinabove. Keeping in view the above facts and circumstances of this case, the present petition is disposed of with a direction to the respondents to constitute an appropriate Committee of Experts to examine the nature of duties of the Milk Recorders and the JFIs and also their qualifications, experience etc. for grant of equal pay for equal work. Let the Committee of Experts be constituted within a period of three months. Aforesaid Committee shall make its recommendations within a period of three months thereafter. On receipt of the recommendations of the Expert Committee, the respondents-State will decide the issue in question finally within a period of two months thereafter. No costs. 15.12.2008. (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO