C.W.P.No.1404-CAT of 2003 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P.No.1404-CAT of 2003 Date of Decision : 13.02.2008 Balbir Singh .....Petitioner versus The U.T.Chandigarh Administration and another .....Respondents CORAM : HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE MOHINDER PAL Present : None for the petitioner. Ms.Lisa Gill, Advocate for the respondents. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? JUDGMENT HEMANT GUPTA, J. The challenge in the present writ petition is to the order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as the `Tribunal') dated 13.2.2002, Annexure P-1, whereby an application filed by the petitioner under Section 19 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the Act) claiming the equality in the pay scales with the pay scales granted to the Laboratory Attendants working in the Education and Health Departments, Chandigarh and Punjab Engineering College, Chandigarh, was declined. The petitioner was initially appointed as Peon in the year 1987 in the office of the Director, Government Museum and Art Gallery, Sector 10-C, Chandigarh. In the year 1988, the post of Laboratory Attendant was created in the Government Museum and Art Gallery, Sector-10, Chandigarh and the petitioner was appointed against the said post w.e.f. 1.1.1989 in the C.W.P.No.1404-CAT of 2003 2 pay scale of Rs.325-495. At the time of creation of the post in the Government Museum and Art Gallery, Sector-10, Chandigarh, the pay scales were given on the pattern of the pay scales in the Central Government. Consequent to the revision in the pay scales, the petitioner was placed in the pay scale of Rs.810-1440 on the Punjab pattern. The petitioner claims the pay scale of Rs.950-1800 w.e.f. 1.4.1989 on the basis of the pay scale granted to the Laboratory Attendant having matriculation with Science subject. It is the case of the petitioner that such pay scale has been granted to the Laboratory Attendants working in the Education and Health Departments of Chandigarh Administration and in the Punjab Engineering College, Chandigarh. In reply, it has been pointed out that the post of Laboratory Attendant was created in the Government Museum and Art Gallery in the pay scale of Rs.775-1025 on the pattern of Central pay scale. The Punjab scale was adopted by the Chandigarh Administration w.e.f. 1.4.1991 and therefore, the revised pay scale of Rs.810-1440, on Punjab pattern has been rightly granted to the petitioner. It has also been pointed out that there is no parity in the working in the Education and Health Departments of the Chandigarh Administration and the Punjab Engineering College, Chandigarh with that of the Government Museum and Art Gallery, Chandigarh. The post of the Laboratory Attendant, in the Government Museum and Art Gallery, Sector-10, Chandigarh, was created on the basic of the Central pattern of the pay scale of Rs.325-495. The pay scale given to the Matriculate Laboratory Attendant with Science cannot be made applicable in respect of the post created in the Government Museum and C.W.P.No.1404-CAT of 2003 3 Art Gallery, Sector-10, Chandigarh as the functions and duties of such post are materially different from that of the Punjab Engineering College, Health and Education Departments of the Chandigarh Administration. The learned Tribunal has rightly found that the Courts and Tribunals do not have any necessary expertise to assess the nature of the duties and responsibilities of the posts for grant of pay scales. It is the job of the expert body which is to submit its report to the State Government and the State Government is competent to take a final decision on such report. Since the post of Laboratory Attendant in the Government Museum and Art Gallery, Sector-10, Chandigarh was created in the pay scale of Rs.325-495 and the corresponding revised pay scale on the Punjab pattern is Rs.810-1440, therefore, such pay scale has been rightly granted to the petitioner. It cannot be said that the petitioner is entitled to the pay scale as is granted to the Laboratory Attendants working in the Education and Health Departments of the Chandigarh Administration and in the Punjab Engineering College, Chandigarh, on the basis of the similarity of the nomenclature of the post. In view of the said fact, we do not find any illegality or irregularity in the order passed by the learned Tribunal dismissing the application filed by the petitioner, which may warrant interference of this Court in exercise of writ jurisdiction. The writ petition stands dismissed. (HEMANT GUPTA) JUDGE 13-02-2008 (MOHINDER PAL) *mohinder JUDGE