BALDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus commanding the Respondents to grant him pay scale of Rs. 1500-2640 with effect from 1.1.1986.

(2.) Facts : The Petitioner joined the Public Health Department, Government of Punjab as Store Munshi on 7.1.1959 in the pay scale of Rs. 50-2-70. He was promoted as Work Mistry vide an order dated November 16, 1964 and was placed in the pay scale of Rs. 50-3-80/4-88. The Petitioner was further promoted as Storekeeper vide letter dated August 24, 1965 in the pay scale of Rs. 50-3-80/4-100. The afore-mentioned pay scale was further revised to Rs. 60-4-80/5-175 with effect from September 1, 1965. The pay scales of government employees in the State of Punjab were revised with effect from 1.1.1978 on acceptance of the recommendations made by the Second Pay Commission. The Petitioner was entitled to be placed in the selection grade of Rs. 510-800 with effect from 1.1.1978 but was instead granted the time scale of Rs. 400-600. The Petitioner, therefore, approached this court in Civil Writ Petition No. 5821 of 1987 which was allowed by a learned Single Judge vide judgment dated 16.11.1990 (Annexure P-1). As a consequence thereof, the Petitioner was granted the selection grade of Rs. 510-800 from 1.1.1978. While the claim of the Petitioner for the grant of selection grade of Rs. 510-800 with effect from 1.1.1978 was subjudice before this Court, recommendations of the Third Pay Commission were accepted by the Government of Punjab and pay scales were revised. The Petitioner, on the basis of the pre-revised pay scale of Rs. 400-600, was granted the corresponding revised pay scale of Rs. 1200-2100. It is the case of the Petitioner that the persons junior to him, in terms of length of service and who were placed in the pay scale of Rs. 510-800 as on 31.12.1985 i.e. immediately before the revision of the pay scales in terms of the recommendations of the Third Pay Commission, were placed in the corresponding revised pay scale of Rs. 1500-2640, as is evident from the order dated October 15, 1990 (Annexure P-3). However, he was discriminated in the matter of grant of the corresponding revised pay scale as the lower pay scale of Rs. 1200-2100 was granted to him on the premise that the scale admissible to him as on 31.12.1985 was of Rs. 400-600. The Petitioner, therefore, served the Respondents with a legal notice dated October 14, 1991 pointing out, inter alia, that his previous Writ Petition having been allowed by this Court vide judgment dated November 16, 1990 (Annexure P-1) granting him the selection grade of Rs. 510-800 with retrospective effect, i.e., 1.1.1978, he is entitled for the corresponding revised pay scale of Rs. 1500-2640, which was made admissible to all those employees who were placed in the pre-revised pay scale of Rs. 510-800, as on 31.12.1985. The claim of the Petitioner, however, was not accepted by the Respondents. Hence, this Writ Petition.

(3.) In the written statement filed by the official Respondents, it has been admitted that the claim of the Petitioner for the grant of selection grade of Rs. 510-800 was accepted by this Court and pursuant thereto he was actually granted the aforesaid grade with effect from 1.1.1978. It is, however, averred that the pay scale of Rs. 1500-2640 has been restricted upto 40% of the number of posts of Clerks in the cadre after a minimum period of 10 years of service taken together as Clerk and Senior Clerk and the incumbents have been designated as Junior Assistants. Since the Petitioner was working as Storekeeper and not as Clerk/Senior Clerk, he is not entitled for the pay scale of Rs. 1500-2640.