MANI RAM Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) Through present writ filed under Art. 226 of the Constitution of India, petitioners seek issuance of a writ in the nature of mandamus directing the respondents to raise their pay scale to a stage higher than the pay scale fixed for inferior posts from time to time as a consequence of recommendations of Pay Commission. The relief claimed emanates from the following facts.

(2.) Petitioner Nos. 1, 2, 4, 5 and 7 were directly recruited in the Department of Employment, Punjab, against the posts of Statistical Assistant. The details of their service have been given in para 3 of the writ petition. Taking the short service career of Mr. Kewal Krishan Puri, for the time being, it would be seen that he entered in service to the post of Clerk on May 6, 1963 and was promoted to the post of Statistical Assistant on March 1, 1974. The persons mentioned in paragraph 3 of the petition, i.e. petitioner Nos. 3, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 were all appointed as Clerks and were promoted to the post of Statistical Assistant on the date referred to in the said paragraph. The conditions of service of Class-III employees in the Department of Employment are governed by the Punjab Employment Department (State Service Class-III) Rules, 1964 (hereinafter referred to as '1964 Rules'). The post of Statistical Assistant is included in Appendix 'A' attached to 1964 Rules and this post is superior to the other posts, namely, Head Clerk (Employment Exchange), Accountant, Stenographer, Assistant and Clerk. Rule 8 of 1964 Rules prescribes qualifications for appointment by direct recruitment to various posts within the cadre of the Punjab Employment Department State Service Class-III. For appointment by direct recruitment to the post of Statistical Assistant, higher qualifications have been stipulated vis-a-vis the other posts. The aforesaid position is clear from Rule 8 of 1964 Rules. It is useful to reproduce Rule of 1964 Rules which runs thus :

(3.) From the qualifications as prescribed above for various posts, it is clear that the post of Statistical Assistant is superior to other ministerial posts including that of Head Clerk and Assistant.