I.C. AGGARWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner claims a writ of mandamus for directing the respondents to re -fix his pay under Rule 4.14(2) read with Rule 4.4(a)(i) of the Punjab Civil Services Rules, Volume I, Part I (for short 'the Rules'). The petitioner joined as Member of Punjab Civil Service (Judicial Branch) on 12.11.1965. The petitioner was in pay scale of Rs. 2000 -2400, when he was promoted on officiating basis as Additional District Judge on 13.8.1984. At that time, the pay scale of the said post was Rs. 1775 -2400. The petitioner opted for the revised scales with effect from 01.01.1986. On the said date, the basic pay in the time scale of his officiating post was Rs. 2600/ - so was his pay in the selection grade of his substantive post. The revised pay in the revised pay scale on the existing emoluments was Rs. 5750/ - on 01.01.1986. The petitioner asserts that by virtue of instructions dated 01.12.1988, he became entitled to two additional increments by way of proficiency set up with effect from 1.1.1986, which were granted to him vide letter dated 22.11.1996 (Annexure P -1) raising the pay to Rs. 6100/ -.

(2.) THE petitioner on promotion on officiating basis as Additional District & Sessions Judge in the Superior Judicial Services on 13.08.1984 did not get any increase in pay. The petitioner claims that in terms of Rules 4.14(2) and 4.4(a)(i) of the Rules, he is entitled to additional increments on promotion. The petitioner claims that the pay of Shri S.S. Arora on promotion was fixed at Rs. 5450/ - under Rule 4.14(2) of the Rules consequent to his promotion on 05.08.1992. The petitioner also makes reference to the grant of additional increment to Shri O.P. Goel promoted on 19.11.1986 in the rejoinder, who is stated to be nineteen places junior to him.

(3.) THE petitioner was promoted as a Member of the Punjab Superior Judicial Service in the year 1984 i.e. much prior to the commencement of Revised Rules, with effect from 1.1.1986. This Court has struck down the discriminatory applicability of such Rules to the Officers promoted before the publication of such Rules and the officers after the publication of the Rules in G.S. Grewal v. State of Punjab, , 1993(2) S.C.T. 54 and followed in CWP No. 9836 of 1996 titled A.C. Aggarwal v. The State of Punjab and another', CWP No. 9836 of 1996 decided on 04.12.2013.