HARMINDER SINGH BAKSHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners Shri H.S. Bakshi is a member of Punjab Superior Judicial Service in the State of Punjab. He was appointed in the P.C.S. (Judicial Branch) on 6th December, 1960 and was promoted in the selection grade of the Subordinate Judges, i.e. Rs. 1300-1500 on 9th April, 1973. The State of Punjab promulgated Rules in 1979 known as Punjab Civil Services (Revised Scales of Pay) Rules, 1979 (hereinafter referred to as the Revised Pay Rules). These Rules came into force with effect from 1st January, 1978.

(2.) On 24th January, 1976, the petitioner had been promoted as Additional District & Sessions Judge in officiating capacity in the pay scale of Rs. 1200-2000. From the facts mentioned above, it is evident that the petitioner on 1st January, 1978, was in service in dual capacity; he was holding the post of Selection Grade Sub Judge in substantive capacity, holding a lien against that post and was also working in officiating capacity as Additional District & Sessions Judge. The Revised Pay Rules up graded the pay scales of all Punjab Government employees. The selection grade of Rs. 1300-1500 of the Subordinate Judges was first replaced by the scale of Rs. 1775-2000 and subsequently in 1983 by the scale of Rs. 2000-2400 with effect from 1st January, 1978. The time-scale of District & Sessions Judges (including Additional District & Sessions Judges) which was initially Rs. 1200-2000, was replaced by the scale of Rs. 1580-60-1700-75-2000-100-2400. It may be observed here that the petitioner had elected to continue in the existing pay scale until 1st April, 1978 under Rules 4 and 5 of the Revised Pay Rules. The petitioner's existing emoluments as Additional District & Sessions Judge in the pay scale of Rs. 1200-2000 as on 1st April, 1978 were Rs. 1720/- basic pay + 363 allowances etc. = 2083/-. Respondent No. 2 fixed the petitioner's pay under the Revised Pay Rules in the pay scale of Rs. 1580-2400, as on 1st January, 1978 at Rs. 2100/- + Rs. 58 personal pay.

(3.) By this petition, the petitioner challenges this pay fixation by respondent No. 2 on the ground that his pay has not been rightly fixed under the Revised Pay Rules read with some other Rules of Punjab Civil Services Rules, Volume 1, Part I (to which reference would be made hereinafter), as also on the ground that the pay of several officers junior to him and drawing less pay before the Revised Pay Rules came into force, had been fixed at a higher stage than fixed qua him.