SATBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of a bunch* of 268 petitions, as common issue is involved in all of them. The learned Additional Advocate General, Punjab has made a statement that the reply filed in Civil Writ Petition No.4948 of 2012 "Satbir Singh and others v. The State of Punjab and others" be adopted for all the other connected petitions. As such, for the sake of brevity and convenience, the pleadings in Civil Writ Petition No.4948 of 2012 are being adverted to.

(2.) The challenge in the petition is to the circular dated 5.10.2011, Annexure P9, to the extent that the benefit of revised pay scales to the petitioners who are employees of the Education Department has been granted w.e.f. 1.10.2011. The petitioners instead claim such benefit w.e.f. 1.1.2006 i.e. the date contained in the recommendations of the Fifth Punjab Pay Commission (for short "the Commission").

(3.) The Commission submitted its report to the Government on 20.4.2009. As per para 4.12 contained in Chapter 4 of the recommendations, the Commission recommended the implementation of the revised pay scales, retrospectively, w.e.f. 1.1.2006. Under Chapter 5 of the report, higher pay scales were recommended for various categories of employees including the category of the petitioners who form part of the teaching personnel under the State Education Department. It so transpires that such recommended higher pay scales did not find a mention in the original report dated 20.4.2009 that was submitted to the State Government, on account of a typographical mistake. Accordingly, Member Secretary of the Commission addressed a communication on the very next day i.e. 21.4.2009, Annexure P2, to the Chief Secretary, State of Punjab pointing out that in paras 5.31, 5.64 and 8.5 at pages 85, 102 and 159-162 respectively of the report, there were certain typographical mistakes and the same have been corrected and a copy has been duly forwarded so as to ensure that the report of the Commission becomes error free. It would be pertinent to take note that paras 5.31 and 5.64 were in relation to higher pay scales recommended to certain employees under the Health and Family Welfare Department and Education Department, respectively. Para 8.5 was with regard to Dynamic Career Progression Scheme. The State Government, Department of Finance issued notification dated 27.5.2009, Annexure P3, whereby the Punjab Civil Services (Revised Pay) Rules, 2009 (for short "2009 Rules") were notified and the same were deemed to have come into force w.e.f. 1.1.2006. As per 2009 Rules, the revised pay structure was made applicable w.e.f. 1.1.2006 as per the Conversion Fitment Table attached as a Schedule to the Rules showing the revised pay structure corresponding to a particular pre-revised pay scale. The General Conversion Table appended along with 2009 Rules was devised as per recommendations of the report of the Commission. However, the recommended higher pay scales as pointed out in the communication dated 21.4.2009 at Annexure P2 were not granted in terms of the notification dated 27.5.2009 by the State Government. This apparently led to the filing of various representations, at the individual level as also at the union level for grant of revised pay scales to the employees of the Education Department as recommended by the Commission w.e.f. 1.1.2006.