LAWS(P&H)-2010-3-315

PARAMJIT SINGH, GALLERY ASSISTANT, ARMS GALLERY AND ORS Vs. STATE OF PUNJAB THROUGH THE SECRETARY TO THE GOVERNMENT OF PUNJAB, DEPARTMENT OF CULTURAL AFFAIRS, ARCHAEOLOGY AND MUSEUMS AND ANR

Decided On March 12, 2010
PARAMJIT SINGH, GALLERY ASSISTANT, ARMS GALLERY AND ORS Appellant
V/S
STATE OF PUNJAB THROUGH THE SECRETARY TO THE GOVERNMENT OF PUNJAB, DEPARTMENT OF CULTURAL AFFAIRS, ARCHAEOLOGY AND MUSEUMS AND ANR Respondents

JUDGEMENT

(1.) The prayer in the present writ petition is for issuance of writ in the nature of mandamus directing respondents to grant the revised pay scale of Rs. 5800-8100 granted to other similarly situated officials of the same cadre with same pay scales, working in the same Department on the same post in order to remove anomaly and discrimination and further to grant arrears with effect from 01.01.2006.

(2.) Counsel for the petitioners contends that the petitioners are working as Gallery Assistants in the Department of Cultural Affairs, Archaeology and Museums, Punjab. A co-employee, namely, Shri Jaswinder Singh, preferred C.W.P. No. 4400 of 1997, claiming therein the same benefit as has been prayed for by the petitioners in the present writ petition. The said writ petition came up for hearing before this Court on 22.10.1997. A Division Bench of this Court on considering the claim of the petitioner and hearing respondents, was pleased to allow the said writ petition. The petitioners in the present writ petition are now claiming the same benefit as has been granted in the said writ petition, i.e., C.W.P. No. 4400 of 1997. A copy of the Judgment dated 22.10.1997 is appended as Annexure-P-1 with the present writ petition. He further contends that the said Judgment has attained finality as the same was not challenged by the Department and had been implemented, qua Jaswinder Singh. He on this basis prays for grant of same benefit as in C.W.P. No. 4400 of 1997 titled as Jaswinder Singh v. Secretary to Government, Punjab, Cultural Affairs, Archaeology Tourism and Anr. decided on 22.10.1997.

(3.) Counsel for respondents on the other hand contends that the Judgment qua Jaswinder Singh was implemented as a personal measure qua him and thus the relief was restricted to him alone. She on this basis contends that the claim of the petitioners cannot be granted.