ROSHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has claimed a writ of mandamus to grant pay scale of Rs. 120 -200 instead of pay scale of Rs. 80 -200 for a period from 27.10.1965 till 31.10.1966. The petitioner has claimed such relief on the basis that he alongwith one Bharpur Singh was selected by the Punjab Subordinate Services Selection Board. Bharpur Singh was lower in merit than the petitioner. After training, the petitioner as well as the said Bharpur Singh were appointed as Craft Instructor in the pay scale of Rs. 80 -200 on 20.10.1965. Chamkur Singh and Bachan Ram were the other two Craft Instructors. The Punjab Government, vide letter dated 7.10.1996, decided to revise the pay scale of Craft Instructor from Rs. 80 -200 to 120 -200 to Chamkaur Singh and Bachan Ram as a measure personal to them. It is the case of the petitioner that all the 4 Craft Instructors were performing the same duties. However, w.e.f. 1.11.1966, the pay scale of Craft Instructor was revised to Rs. 125 -300 which was granted to all the 4 Craft Instructors including Chamkaur Singh and Bachan Ram. Thus, the petitioner claims that for the period 25.10.1965 to 31.10.1966, he has been paid the pay scale of Rs. 80 -200 whereas Chamkaur Singh and Bachan Ram were paid a sum of Rs. 120 -200.

(2.) BHARPUR Singh filed a civil suit claiming pay scale of Rs. 120 -200 from 20.10.1965 to 31.10.1966 on the ground that he is entitled to the same pay scale as is being granted to Chamkaur Singh and Bachan Ram. The said suit was decreed in appeal on 10.10.1988. R.S.A. No. 2017 of 1999 was dismissed by this Court on 3.3.2000. It was held that Bharpur Singh was performing the same duty which was being performed by the two Craft Instructors, namely, Chamkaur Singh and Bachan Ram, thus, he is entitled to the pay scale which was being paid to Chamkaur Singh and Bachan Ram. The said judgment has been implemented in the case of Bharpur Singh and he has been granted the pay scale of Rs. 120 -200 right from the date of his initial appointment. Thus, the petitioner has claimed the since Bharpur Singh was appointed alongwith the petitioner, therefore, the petitioner is entitled to the same benefit.

(3.) IN reply, it is submitted that the petitioner has never represented to the department for the grant of grade and he has been put in the scale of Rs. 125 -300 since 1.11.1966.