STATE OF PUNJAB Vs. NACHHATTAR SINGH

JUDGEMENT

(1.) This judgment of ours shall dispose of Letters Patent Appeal No. 97 of 1982 as well as Letters Patent Appeal Nos. 1251 of 1983 and 322 of 1984. All these three appeals have been filed by the State of Punjab. L.P.A. No. 97 of 1982 is against C.W.P. No. 3340 of 1972. C.W.P. Nos. 5791 of 1981 and 2600 of 1983 (against which L.P.A. Nos. 1251 of 1983 and 322 of 1984 respectively have been filed), were allowed as being covered by the judgment in C.W.P. No. 3340 of 1972 against which L.P.A. No. 97 of 1982 has been filed.

(2.) The writ-petitioners (now respondents) were employed as Tubewell Operators in the Punjab Irrigation Department. They were drawing salary in the grade of Rs. 45-1-65. It was alleged by the writ petitioners that the Tubewell Operators serving in the Public Health Department of the Punjab State were given a pay rise inasmuch as they were allowed to draw the salary in the grade of Rs. 110-180 with effect from 11th August, 1971. It was further mentioned that the Tubewell Operators of the Public Health Department had raised an industrial dispute and their pay was raised with effect from 1st February, 1968. The writ-petitioners made a grievance in the writ petition that they were doing the same type of work as the Tubewell Operators in the Public Health Department and they should also be given the same pay scale i.e. Rs. 110-180 from the date the same was given to the Tubewell Operators in the Public Health Department. The learned Single Judge allowed the writ petition on 5th February, 1981 and directed that the petitioners be given the same pay scale as was being given to the Tubewell Operators of the Public Health Department from the date it was given to them.

(3.) A Review Application No. 60 of 1981 was filed by the State Government against the judgment of the learned Single Judge dated 5th February, 1981, inter alia, it was said that in the Irrigation Department, the Tubewell Operators are to be Marticulates, whereas in the Public Health Department where they were known as Pump Drivers, the minimum qualifications were to pass the One Year Electrician Certificate from the Industrial Training Institute and in fact there were four types of Pump Drivers in the Public Health Department :-