IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A. No. 35 of 2011(O&M) Date of Decision : March 18, 2011 Nirmal Kishore and another ....Appellants Versus State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE T.P.S.MANN Present : None for the appellants. 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? M.M.KUMAR, J. 1. The instant appeal under Clause X of the Letters Patent is directed against the judgment dated 9.9.2010 passed by the learned Single Judge holding that the post of Work Inspector cannot be equated with Work Supervisor because the qualifications and mode of recruitment are quite different. For the purposes of pay scale, their nomenclature cannot be made one and they cannot be granted the identical pay scale. The learned Single Judge has also upheld the view of the Director, Local Government, Punjab, holding that the Municipal Council was not competent to change the nomenclature of the two posts and allow the 'Work Inspector' to be known as 'Work Supervisor'. LPA No. 35 of 2011(O&M) -2- 2. It is well settled that the question of pay scale and nomenclature of various posts required to be decided by the competent authorities, who acts on the advise of the expert bodies like Pay Commission etc. In the case of State of Uttar Pradesh and others v. J.P.Chaurasia and others AIR 1989 SC 19, it has been held that even if the nomenclature is the same, the nature of duty may differ, the hierarchy of post may be different and the cadre may be small/bigger. A number of factors go into determination where one post can be equated with the other. There is no expertise available with the Courts to reach such a determination. The aforesaid view has been repeatedly followed and applied by Hon'ble the Supreme Court as well as by the High Courts. There is, thus, no merit in the appeal. It does not warrant admission and the same is dismissed. ( M.M.KUMAR ) JUDGE ( T.P.S. MANN ) March 18, 2011 JUDGE ajay-I