Case: PUNJAB STATE ELECTRICITY BOARD AND ANR Vs. THANA SINGH AND ORS

3. Brief facts of the case are as follows:-Respondents were inducted into the service of the Punjab State Electricity Board (PSEB) in the year 1978 and now they are working as Sub Fire Officers in the appellant-Board. The pay scale of the post of Sub Fire Officers was Rs.225-500 which was revised with effect from 01.01.1978 to Rs.620-1200. Thereafter, by an order dated 21.03.1989, the pay scale for the post of Sub Fire Officers was revised to Rs.1640-2925 with effect from 01.01.1986 along with the pay scales of other category of employees of the Board viz. Head Clerks, Head Clerk-cum-Divisional Accountants and Internal Auditors were revised. Subsequently, by an order dated 03.10.1990, the pay scale of Head Clerks was revised from Rs.1640-2925 to Rs.2000-3500 on the recommendation of the Pay Anomaly Committee. Likewise, by the same order dated 03.10.1990, the pay scale of the Internal Auditors was revised to the scale of Rs.1800-3200; but the pay scale of the Sub Fire Officers was not revised on par with Head Clerks and Internal Auditors. A recommendation letter dated 25.03.1991 was written by the Superintendent Engineer, GNDTP, Bhatinda to the Chief Engineer, GNDTP, Bhatinda to consider the case of the Sub Fire Officers to grant scale of pay on par with Head Clerks and Internal Auditors stating that there will not be much financial burden, if the pay scales of Sub Fire Officers are revised equal to other categories as only five number of posts of Sub Fire Officers exist at GNDTP, Bhatinda and RTP, Ropar. Relying on the said letter dated 25.03.1991 of the Superintendent Engineer, GNDTP, Bhatinda, the respondents-Sub Fire Officers submitted various representations to the appellant- Board requesting for higher pay scale on the ground that the pay scale to the post of Sub Fire Officers in the Punjab State Government Department i.e. Fire Protection Department is Rs.1800-3200 and therefore, the respondents-Sub Fire Officers working in the appellant-Board are also to be given same scale of pay.The respondents-Sub Fire Officers filed CWP No.9294 of 1993 stating that the action of the appellant-Board in granting pay scale less than the State Government employees is illegal, unjustified, discriminatory and violative of Article 14 of the Constitution of India. According to the respondents, there is no difference in qualification for recruitment to the post of Sub Fire Officers between the Board and the State Government and therefore, there should not be any difference in the pay scale between them.The appellant-Board filed counter affidavit stating that the Board is not bound to pay the same pay scale to the respondents- Sub Fire Officers as are given by the Punjab Government to its employees holding the same post. It was averred that Punjab State Electricity Board is a statutory body constituted under the Electricity Supply Act governed by its own regulations. It was averred that the respondents-Sub Fire Officers cannot claim parity with other categories viz. Head Clerks, Head Clerk-cum-Divisional Accountants, Internal Auditors, etc. because all these posts belong to different cadre than the cadre of the respondents-Sub Fire Officers as the nature of work, duties, responsibilities and initial qualifications for recruitment to these posts are different.The learned Single Judge allowed the writ petition holding that the Sub Fire Officers are within Group XII that included Head Clerks, Head Clerk-cum-Divisional Accountants, Internal Auditors, etc. therefore, Sub Fire Officers cannot be denied same scales of pay when increased for other three classes of persons within Group XII. However, the learned Single Judge rejected the respondent?s plea claiming parity with the employees of the State Government. Observing that the respondents are to be treated on par with other three classes within Group XII of the Board, the learned Single Judge allowed the writ petition.The Division Bench of the High Court dismissed the appeal filed by the appellant-Board holding that there is no basis for differently treating the Sub Fire Officers included in Group XII. The Division Bench has referred to the letter dated 25.03.1991 of the Superintendent Engineer, GNDTP, Bhatinda stating that the cadre of Sub Fire Officers is a small one with limited chances of promotion to the higher posts i.e. Fire Officers and that by revising the scale of Sub Fire Officers on par with others, there will not be much financial burden on the Board. Being aggrieved, the appellant-Board is before us.

Reasoning:
11. It is fairly well settled that equation of pay scales must be left to the Government and on the decision of the experts and the Court should not interfere with it.In the year 1988, though the post of Sub Fire Officers has been included in Group XII in one category as that of Head Clerks, Head Clerk-cum-Divisional Accountants and Internal Auditors, the nature of work, duties, responsibilities and initial qualifications for recruitment and manner of recruitment to each post are different since all these posts belong to different cadre. The respondents cannot claim as a matter of right that they should be given the similar pay scale as are given to the categories of posts such as Head Clerks, Head Clerk- cum-Divisional Accountants and Internal Auditors.The appellant-Board being an autonomous body governed by its own regulations, it was for the Board to classify its employees/posts on the basis of qualifications, duties and responsibilities of the posts concerned. If the classification has reasonable nexus with the objective sought to be achieved, the Board would be justified in prescribing different pay scales. Article 14 of the Constitution of India would be applicable only when a discrimination is made out between the persons who are similarly situated and not otherwise. It is the duty of an employee seeking parity of pay to prove and establish that they have been discriminated.The person claiming parity must produce material before the court to prove that the nature of duties and functions are similar and that they are entitled to parity of pay scales.Burden of establishing parity in pay scale and employment is on the person claiming such right. There were neither pleadings nor any material produced by the respondents to prove that the nature of work performed by the Sub Fire Officers is similar with that of the Head Clerks and the Internal Auditors to claim parity of pay scale. As pointed out earlier, the burden lies upon the party who claims parity of pay scale to prove similarity in duties and responsibilities. In the writ petition, respondents have only claimed parity of pay scale with those of the employees working under the Punjab Government which was not accepted by the learned Single Judge. Determination of parity or disparity in duties and responsibilities is a complex issue and the same should be left to the expert body. When the expert body considered revision of pay for various posts, it did not revise the pay scale of Sub Fire Officers. When the expert body has taken such a view, it is not for the courts to substitute its views and interfere with the same and take a differentHigh Court, in our view, erred in not keeping in view the financial consequences of the direction to give parity of pay scale to the Sub Fire Officers.In the writ petition, the respondents have taken the plea that they are entitled to the scale of pay on par with the employees of the Punjab Government in parity of the wages. Nature of work performed by those in the service of Punjab Government are different from those in service of the Board, the learned Single Judge rightly refused to accept the plea of the respondents claiming parity with the employees of the State Government.Respondents have not produced any material to show that there is any similarity/identity between the posts of Sub Fire Officers and the Head Clerks, Head Clerk-cum-Divisional Accountants and Internal Auditors in terms of the nature of duties, responsibilities, qualifications and mode of recruitment etc. to apply the principle of parity of pay scale. The learned Single Judge did not keep in view that the nature of duties and responsibilities performed by the Sub Fire Officers are different and parity cannot be claimed merely on the ground that they are categorised in one group.