Whether the qualifications, the duties discharged by the surveyors and Amins are same and identical so as to treat the Amins at par with that of the surveyors?
The Technical Rules and Instructions relating to survey work indicate that surveyors use more sophisticated equipment involving superior training and skills than Amins. surveyors use Theodolite for conducting traverse survey requiring knowledge of trigonometry and they are also trained in the use of equipment for the measurement of automatic levels and electronic distance measurement. The surveyors have to undergo a two-year specialized training in different kinds of surveying such as Topographic and Hydrographic surveying and Mine surveying and, are also trained in mechanics and drawing. On the other hand, the Amins are given training in simple survey work and in the use of relatively simple equipment such as Guntur’s chain, plane table, optical square. It is true that both surveyors and Amins undertake the survey work but the nature of duties discharged by both of them are different.
The surveyors are technical persons and the Amins are non-technical persons. The surveyors are fully qualified in the engineering surveys whereas the Amins are not supposed to be so qualified. Therefore, looking to the nature of duties which is being discharged and the instructions which have been issued go to show that the Amins and surveyors are not discharging identical duties. Therefore, from the nature of duties and the qualifications required for both the posts, it is absolutely clear that they are separate and it is not wrong when it was submitted that the work of Amins starts after the work of surveyors ends.
The Technical Rules and Instructions of the Settlement Department as mentioned above, clearly show that the work and duties which are being discharged by the surveyors are of technical nature by use of sophisticated instruments as against the Amins who do the job with the aid of relatively simple equipment as they are not equated with that of the surveyors. The qualifications prescribed for the surveyors and Amins are also different. The surveyor is supposed to be a technically trained person and as against this, the Amin need not be. The Amins have to undergo related course of a duration of six months or so, as against the surveyors’ two years certificate course.
Therefore, from the survey of this discussion we are of opinion that the surveyors stand on superior footing than that of the Amins and they cannot be equated from the functional point of view as well as qualification point of view.
Deb Narayan Shyam and others Vs State of WEST BENGAL and others-01/12/2004
