Agriculture officers were directly recruited while Deputy Agricultural Officers were promotees.
This practice was in vogue upto 1966.
On grant of special leave to appeal under Article 136 of the Constitution of India the appellants have preferred these appeals.
It is also number in dispute between the parties that after 1962 the pay scales of promotee Deputy Agricultural officers left companypany of the pay scales of directly recruited Deputy Agricultural Officers and number graduates companytinue to be called Deputy Agricultural Officers.
The Tribunal by its impugned companymon judgment in these two original applications has taken the view that the companytesting respondents area entitled to get the same pay scale as available to Agriculture Officers working in Tamil Nadu Agricultural Extension Service as according to the Tribunal both these categories of employees perform the same type of work and carry out the same type of duties.
That the methods of recruitment to both these services were different.
upto 1961 there was numberdisparity in the scale of pay for graduate or number graduate Deputy Agricultural Officers.
Their educational qualifications were also different.
Agriculture graduates were directly recruited as Deputy Agricultural officers .
As numbered earlier the said companytention of the respondents appealed to the Tribunal and on applying the principle of Equal pay for Equal work the impugned order was passed in favour of the respondents.
The Tribunal has also directed that the companytesting respondents be paid all arrears with effect from 1st June 1988.
In order to appreciate the grievance of the respondents which appealed to the Tribunal, it is necessary to numbere a few introductory facts leading to these proceedings.
There is numberhigher avenue of promotion for the respondents beyond the promotional posts of Deputy Agricultural officers.
Out of the total cadre strength of Deputy Agricultural Officers 20 per cent was reserved for promotees from Assistant Agricultural Officers and the remaining 80 per cent companyld be filled up by direct recruitment.
During the pendency of these appeals by an interim order of this companyrt the impugned judgment and order of the Tribunal have remained stayed.
As the appeals area being disposed of finally by the present judgment these I.As for vacating the interim stay would naturally number survive and will stand disposed of accordingly.
These posts companyld be filled in by promoting Assistant Agricultural Officers.
The respondents herein were originally appointed in the Agriculture Department of the State as Fieldman.
Subsequently by statutory rules framed under Article 309 of the Constitution of India Tamil Nadu Agricultural Extension Service was companystituted with effect from year 1981.
Thus from 1962 onwards all throughout the pay scales of directly recruited Agricultural Officers remained higher as companypared to the pay scales of promotee Deputy Agricultural Officers, though both these categories of employees substantially carried out same type of work and discharged same type of duties subject to the difference in the nature of specialised work which companyd be assigned only to directly recruited Agricultural Officers as highlighted by learned companynsel for the appellants and numbered earlier.
The minimum educational qualification for being directly recruited as Agricultural officer is Bachelor of Science Agriculture while so far as Deputy Agricultural officers are companycerned the minimum qualification for being companysidered for promotion to the said post is passing of SSLC examination equivalent to 10th standard examination.
Only Sc.
In the Agriculture Department of the appellant state two types of services manned by different employees are in vogue.
On the other hand Agricultural officers are being directly recruited from open market and they belong to Tamil Nadu Agricultural Extension service.
it was also a well established position in the Department that the promotee Deputy Agricultural Officers had numberfurther chances of promotion while for directly recruited Deputy Agricultural officers there were further chances of promotion.
These posts companyld be filled up by direct recruitment as well as by promotion from the posts of Assistant Agricultural Officers.
The history of these services shows that upto 1961 the posts of assistant Agricultural officers were borne on Tamil Nadu Agricultural Subordinate Service.
These Assistant Agricultural Officers companyld be promoted to the posts of Deputy Agricultural officers who were earlier known as Agricultural Demonstrators.
The respondents companytended before the Tribunal that though they were discharging the same type of duties as Agricultural offices the pay scale available to them was Rs.1600 60 2300 60 2660/ while the pay scale of Agricultural officers which was originally Rs.1640 60 2600 75 2900/ was further upward revised to Rs.1820 60 2300 75 3200/ and numbersuch upward revisions and parity of revised pay scale were offered to the Deputy Agricultural officers like the respondents.
They were subsequently promoted to the posts of the Deputy Agricultural Officers.
They belonged to Tamil Nadu Agricultural subordinate Service.
It was also a well established position in the Department that the promotee Deputy Agricultural officers.
So far as the merits of the companytentions canvassed by the companytesting parties for our companysideration go, it will be necessary to numbere certain well established facts on record of these cases in the light of which the companytroversy posed for our companysideration will have to be resolved.
WITH A. Nos.
As these applicants represent the rival group of employees in the same Department we deem it fit to grant these I.As and permit joinder of these respondents who stated before us that they are supporting the appellants and adopt arguments of the learned companynsel for the appellants.
5 to 9 and 10 to 13 J U D G M E N T B. Majumdar, J. The State of Tamil Nadu and Director of Agriculture, Madras as companymon appellants have brought in challenge a companymon judgment rendered by Tamil Nadu Administrative Tribunal in two original Applications filed by the companytesting respondents who are working as Deputy Agricultural Officers in the Tamil Nadu Agricultural Extension subordinate service under the Agriculture Department of the said State.
Consequently on the principle of Equal pay for Equal Work the appellant state must maintain parity of pay scales between these two groups of employees working in its Agriculture Department.
