TMI Blog1996 (10) TMI 528X X X X Extracts X X X X X X X X Extracts X X X X ..... rvisor was created by order dated September 1, 1973 in the scale of Rs. 200-500. By order dated November 29, 1973 the respondent was transferred as Science Supervisor in his own pay scale in the State Institute of Education, Chandigarh Administration against the newly created post under UNICEF Scheme. The respondent has continued to hold the said post of Science Supervisor. In the meanwhile, by order October 6, 1976, he was confirmed on the post of Science Master in the scale of Rs. 220-500 with effect from July 31, 1975. In 1980, the pay scale for the post of Science Master was revised from Rs. 220-500 to Rs. 620-1200 with effect from January 1, 1978. Subsequently the said pay scale has been revised to Rs. 1640-2925 with effect from July 1, 1986. 3. In the State of Punjab there exists the Class II post of District Science Supervisor. Initially, the said post was in the pay scale of Rs. 700-1100. By notification dated February 2, 1980, the pay scale of the said post was revised to Rs. 1200-1700 with effect from July 1, 1976. Thereafter, the said pay scale has been revised to Rs. 2400-4000 with effect from July 1, 1986. 4. Ever since his transfer on the post of Science Supervi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cadre of Science Master. The Tribunal has observed that the Science Supervisors both in the State of Punjab and Union Territory of Chandigarh have been appointed under a scheme framed and implemented jointly by the UNICEF and NCERT and that in a number of letters from the Central coordinator of NCERT to the Education Secretary, Government of Union Territory, Chandigarh, the post of Science Supervisor has been described as District Science Supervisor. The Tribunal has also stated that since there are no separate districts in the Union Territory of Chandigarh, the post of Science Supervisor has not been described as District Science Supervisor. As regards the qualification for the post of District Science Supervisor in the State of Punjab being different from the qualification required for the post of Science Supervisor in the Union Territory of Chandigarh, the Tribunal has held that no document had been placed on record by the appellants which could support the view that the District Science Supervisors in the State of Punjab were required to hold the basic qualification of M.Sc. (Second Class) in Physics or Chemistry or Botany or Zoology before they were duly appointed and in the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appointed to the Central Civil Services and posts Class I, Class II, Class III and Class IV under the Union Territory of Chandigarh shall, subject to any other provision made by the President, be the same as the conditions of service of persons appointed to other corresponding Central Civil Services and posts be governed by the same rules and orders as are for the time being applicable to the latter category of persons; Provided that the scales of pay and dearness and other allowances granted to such employees, shall until any other provision is made in this behalf, continue to be governed by the orders in force immediately before the commencement of these rules; Provided further that in the case of persons appointed to services and posts under the Administrative Control of the Administrator, Chandigarh, if they are drawing pay at the rates admissible to corresponding categories of employees of the Government of Punjab, it shall be competent for the Administrator to revise their scale of pay from time to time so as to bring them on par with the scales of pay which may be sanctioned by the Government of Punjab from time to time for the corresponding categories of employees. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n this regard. The Tribunal was in error in proceeding on the basis that it was for the appellants to show that the qualification prescribed for the post of District Science Supervisor is higher viz., M.Sc. (Second Class) and since the appellant had failed to produce any material to show that the qualification prescribed for the post of District Science Supervisor is M.Sc. (Second Class), the two posts should be treated as equivalent posts. 10. In so far as the respondent is concerned, it is fully established from the records that he was holding the post of Science Master on temporary basis on November 29, 1973, when he was transferred to the post of Science Supervisor and in the order of transfer it is expressly directed that he would continue in his own pay scale, i.e., the scale of Science Master. After his appointment on the post of Science Supervisor, the respondent continued to be borne in the cadre of Science Master and he was confirmed on the post of Science Master by order dated October 6, 1976 with effect from July 31, 1975. In the Provisional Gradation List of Masters/Mistresses recruited by the Education Department, Chandigarh Administration as it stood on January 1, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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