DILBAGH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners Dilbagh Singh and others, all Private Secretaries in the Punjab State Electricity Board through present petition filed by them under Articles 226/227 of the Constitution of India, seek a direction to be issued to the respondent No. 2 Punjab State Electricity Board to fix their pay under Regulation 4.3.(c) of Note 7 of the Punjab State Electricity Board (Main Service Regulations) at the level of Rs. 300/- with effect from June 3, 1977 at the stage the salary of their junior Shri G. D. Sharma was fixed.

(2.) Without going into the details of the matter, it would be sufficient for disposing of the present petition to notice few but admitted facts. A private Secretary, Ram Gopal sought the same relief as has been asked for by the petitioners but from the Labour Court. His claim was allowed and he was permitted to draw the same salary as was being given to G. D. Sharma. This Ram Gopal is admittedly junior to some of the petitioners. Respondent-Electricity Board challenged the above award of the Labour Court where in stay was vacated on the representation of Ram Gopal aforesaid. Thereafter, it is admitted that writ petition as such was withdraw. The award of the Labour Court, thus became final. Two others, namely Gurdit Singh and Hardev Lal, who too are junior to petitioners, stated their claim to fix their pay equivalent to that of G. D. Sharma. They staked the aforesaid claim on the basis of the award of the Labour Court. It is again admitted that they were allowed the pay scale as was being given to G. D. Sharma, Petitioners, some of whom are senior to said three persons namely, Ram Gopal, Gurdit Singh and Hardev Lal and all of whom are senior to G. D. Sharma as well were treated differently. The claim for higher pay scale equivalent to G. D. Sharma of the persons who are junior to the petitioners has been accepted by the Board itself and not allowing the same to petitioners would be discriminatory and violative of Article 14 of the Constitution of India.