VANITA SURI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is seeking writ of mandamus against the respondents to release her pay in the revised scale with effect from 1.1.1986 whereas she has been allowed such payment of arrears w.e.f. 1.4.1991. The petitioner was appointed as Steno-typist on 27.1.1981 by Punjab Khand Udyog Limited (PKUL). She was promoted as Senior Scale Stenographer w.e.f. 1.1.1982. Her scale of pay was revised from time to time. She was later promoted as Personal Assistance in the pay scale of Rs. 700-1200 w.e.f. 1.7.1985 and her basic pay was fixed at Rs. 750/-. Vide a subsequent order of 20.8.1990, her scale of pay was revised to Rs. 800-1400 with effect from 1.7.1985 itself. She had been agitating that pay revised in terms of Third Pay Commission qua non-managerial employees upto Rs. 600-1120 had not been made effective in her case as also in case of other similarly situated employees. When such representations from her and other employees were being made, winding up proceedings of PKUL started. She was given appointment by Punjab State Federation of Cooperative Sugar Mills Limited (in short the Federation) i.e., respondent No. 2 on 16.1.1991 (Annexure P-5) where she is presently working. Though vide order of 17.1.1992 (Annexure P-6) pay scale of Rs. 2000-3500 was given to her w.e.f. 1.1.1986 and her pay had accordingly been fixed at Rs. 2050/- as on 1.1.1987, it was ordered that arrears were to be paid from 1.4.1991. Representations (Annexures P-7, P-8 and P-9) were made for release of arrears w.e.f. 1.1.1986 instead of 1.4.1991.

(2.) Claim of the petitioner for such payment from 1.1.1986 has been contested by respondents No. 1 and 2 wherein plea of contesting respondents is that approval of revision of pay scales was given by respondent No. 1 with a stipulation that the same was to be paid w.e.f. 31.3.1991. It is claimed that all benefits as also arrears of pay have been released to the petitioner in terms of letter Annexure R-2/1 on 8.11.1991. Sequelly, prayer for dismissal of the writ petition was made.

(3.) Counsel for the parties have been heard while perusing the paper book.