O.P. GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has prayed for a writ in the nature of mandamus for issuance of direction to the respondents to bring necessary amendment in Rule 9 of Part D of the Punjab Civil Service (Judicial Branch) Rules, 1951 (for short '1951 Rules') and to grant first annual increment to him w.e.f. 2.6.1973, refix his pay and pay arrears after re-fixation of his pay w.e.f. 2.6.1973 by quashing the order dated 21.12.1993.

(2.) This writ petition was filed by Judicial Officer while in service. He joined the Civil Service (Judicial Branch) as Sub Judge-cum-Judicial magistrate w.e.f. 2.6.1972. He passed his departmental examination on 1.2.1975 and was granted his first annual increment w.e.f. 1.2.1975. The agitation was that from the very inception, the Punjab Civil Service (Judicial Branch) [for short 'PCS (JB)'] has been treated at par with Punjab Civil Service (Executive Branch) [for short 'PCS (EB)'] as admitted by the State Government in reply filed in CWP NO.1047 of 1975 decided on 5.11.1975. The pay scales applicable to both PCS (JB) & PCS (EB) were stated to be para materia but there was a difference in the matter of grant of first annual increment because the officers of PCS (EB) are governed by Rule 24 (as amended in 1979) of the PCS (EB) Class-I Rules, 1976 [for short '1976 Rules'] whereas the officers of PCS (JB) are governed by Rule 9 of Part D of the 1951 Rules. Rule 24(1)(a) of the 1976 Rules and Rule 9 of the 1951 Rules are hereby extracted for ready reference:-

(3.) The petitioner had also represented the High Court in this regard and the High Court had recommended to the Government to amend Rule 9 of Part D of the 1951 Rules on the lines of amendment made in Rule 24 of the 1976 Rules. Since no decision was taken by the Government in this regard, the petitioner filed CWP No.4301 of 1993 which was disposed of on 29.7.1993 with a direction to the respondents to decide the representation made by petitioner by passing a speaking order.