O.P.VERMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Both the petitioners, who had served on the post of Secretary, Punjab Vidhan Sabha Secretariat and have since retired, have filed the instant writ petition praying for the issuance of a writ of mandamus directing the official respondents to grant to them pay scale of Rs. 18600 22100 w.e.f the date, the same is due along with arrears. Still further prayer has been raised for quashing of the order dated 24.9.2004, Annexure P-5, whereby, such claim stands rejected.

(2.) Brief facts of the case are that petitioner No.1 was promoted as Secretary, Punjab Vidhan Sabha Secretariat on 1.1.1998 and petitioner No.2 was identically promoted on the same post w.e.f. 1.6.1995. Petitioners No. 1 and 2 retired on 31.10.2000 and 31.12.1997 respectively upon attaining the age of superannuation. While serving on the post of Secretary, the petitioners were getting pay scale of Rs. 4500-6100 under the un-revised pay scale with effect from the date of their respective promotions. The State Government issued notification dated 19.5.1998, whereby the pay scales were revised w.e.f 1.1.1996. Vide such notification the pay scale of the post of Secretary, Punjab Vidhan Sabha Secretariat was revised from Rs. 4500- 6100 to Rs. 14300 18600. On the other hand with regard to certain another posts who were also enjoying same pay scale of Rs. 4500-6100 such as Director, Animal Husbandry, Chief Conservator of Soils , DPI(Colleges) etc were revised to Rs. 18600-22100. It has also been pleaded that even the pay scales of certain employees who were lower in the hierarchy as compare to Secretary, Punjab Vidhan Sabha Secretariat, such as Additional Legal Remembrancer-cum-Additional Secretary, the Additional Director Prosecution and Litigation and Joint Secretary, Forensic Science Laboratory, Senior Town Planner etc were granted the revised pay scale of Rs. 14300- 18600. As per petitioners such revision of pay scales in terms of Government Notification dated 19.5.1998 created an anomalous situation. Respondent No.5, who had been promoted as Secretary, Punjab Vidhan Sabha Secretariat on 18.9.2003 had also represented against such anomaly in the grant of revised pay scales and his prayer was accepted by the State Government and he was granted the pay scales of Rs. 18600-22100 w.e.f.18.9.2003 as a measure personal to him. It has further been pleaded that even at such stage the petitioners submitted representation against such discrimination and arbitrary action on the part of the State Government. However, in the light of memo dated 24.9.2004 (Annexure P/5) the claim of the petitioners has been rejected by furnishing a reasoning that a scale of ' 18600-22100 has been given to Sh. Nachhattar Singh Mavi, Secretary Punjab Vidhan Sabha (respondent No.5) only as a personal measure, as per the decision taken by the Mantri Parishad in the meeting held on 11.9.2003. It is against such factual back-drop that the instant writ petition has been filed.

(3.) During the course of hearing of the instant writ petition, an affidavit dated 3.12.2012 of petitioner No.1 was taken on record. In the light of such affidavit, the instances of Nachhattar Singh Mavi, Madan Mohan and Ved Parkash, had been furnished who were stated to be identically situated as the petitioner i.e. having served on the post of Secretary, Punjab Vidhan Sabha and who had been granted the pay scale of Rs. 18600-22100 as is being sought by the present writ petitioners in the instant writ petition. Accordingly, on 3.7.2013, the State had been directed to respond to the affidavit dated 3.12.2012 in terms of filing a specific reply thereto.