LAWS(P&H)-2014-7-434

BALWANT SINGH RANA Vs. PUNJAB AGRICULTURAL UNIVERSITY

Decided On July 18, 2014
Balwant Singh Rana Appellant
V/S
PUNJAB AGRICULTURAL UNIVERSITY Respondents

JUDGEMENT

(1.) PETITIONERS have filed this petition claiming pay scale at the rate of Rs. 1800 -3200 granted to the Store Keepers by the Punjab Government and to remove the anomaly of pay revision viz -a -viz the Store Keepers of Punjab Agricultural University.

(2.) CASE of the petitioners, in brief, is that they were working as Store Keepers with the respondent -university. Earlier the Store Keepers were granted the pay scale of Rs. 120 -300 on 21.7.1970. Respondent -university took a decision in a meeting held on 15.7.1970 that all employees (non -teaching, ministerial, non -engineering) would be allowed the revised Punjab Government pay scales as per details given in the annexure attached with the letter dated 2.2.1970. The existing scale of categories including the petitioners, was revised from Rs. 120 -300 to Rs. 110 -250 as per Punjab Government pattern. Respondent -university had also taken a decision on clubbing the grades of technical/engineering posts. The Store Keepers were mentioned as Technical -6 category and their grade was clubbed and revised with effect from 1.1.1978 to Rs. 510 -940 vide Annexure P -5. Respondent -university, on the pattern of Punjab Government, revised the pay scale of employees of various categories vide Annexure P -7 from Rs. 1500 -2640 to Rs. 1800 -3200. However, the Store Keepers were given the scale of Rs. 1350 -2400 only. Vide notification Annexure P -9, Punjab Government further revised the grades of number of categories including the Store Keepers as a personal measure. It was ordered that the Store Keepers shall be merged with the category of Senior Assistants. Thus, the Store Keepers in the Punjab Government were given the pay scale of Rs. 1800 -3200 from 1.1.1986 and they were made equivalent to Senior Assistants. Petitioners made representation to the respondent -university for revising their pay scale but so far as petitioners are concerned, they were not granted the pay scale of Rs. 1800 -3200. Hence, the present petition by the petitioners.

(3.) LEARNED counsel for the respondent -university, on the other hand, has submitted that although, the university had adopted the pattern of Punjab Government pay scales with effect from 2.2.1970 and the pay scale of Store Keepers prior to 2.2.1970, was Rs. 120 -300 and at the time of adoption of pay scales by the Punjab Government, the Store Keepers were placed in the pay scale of Rs. 110 -250. Clerks/Typists were promoted as Accountants, Assistants and Superintendents whereas the Store Keepers were promoted to the post of Store Purchase Assistant (Technical), Assistant Purchase Officer and Assistant Store Officer because there was a separate cadre for store employees since the inception of the university. At the time of revision of pay scales with effect from 1.1.1978, the pay scale of Clerks was revised from Rs. 110 -250 to Rs. 400 -800 in the ratio of 50: 50 and that of Store Keepers from Rs. 110 -250 to Rs. 400 -600 + Rs. 20/ - as special pay per month/Rs. 510 -800 + Rs. 20/ - special pay per month. Cadre of both the posts remained separate. The employees demanded for clubbing of various categories of technical, field and laboratory staff and revision of their pay scales. So far as the Store keepers are concerned, they were categorized under category Technical (Engineering) T -6 and their pay scales were revised from Rs. 400 -600 + Rs. 20/ - SP to Rs. 510 -940 and from Rs. 510 -800 + Rs. 20/ - SP to Rs. 600 -1000 (S.G.) with effect from. 1.1.1978. However, the Clerks continued to remain in their pay scale of Rs. 400 -600 and Rs. 510 -800 (50: 50). The pay scale of Store Keepers which fell in the category of Technician T -6, was revised to Rs. 1365 -2410 with effect from 1.1.1986. The Board of Management also approved that the employees be granted selection grade on or before 31.12.1987 in the scale of Rs. 1500 -2640 with effect from 1.1.1986. So far as the Punjab Government is concerned, the Store Keepers and Clerks were kept in one cadre whereas in the respondent -university, the Store Keepers and Clerks did not form one cadre. It is only in the department of Archives , scale of Rs. 1800 -3200 was given to Store Keepers and the post was merged with the cadre of Senior Assistants. The functioning of the department of Archives could not be equated with the university.