MOHD. SHADAB ALAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for the issuance of a writ in the nature of mandamus directing the respondent authorities to pay the petitioners the pay scale of Rs.29200.00 (Level 5) as per the 7th Central Pay Commission adopted by Government of Punjab vide its Notification No.7/42/2020-5epl/741-746 dtd. 17/7/2020 with retrospective effect and with a further prayer for the issuance of a writ in the nature of mandamus directing the respondents authorities to release the arrears along with 18% penal interest.

(2.) Learned counsel for the petitioners has submitted that in pursuance of employment notice for recruitment of Stenographer Grade-III in the Subordinate Courts of Punjab dtd. 17/8/2021, the petitioners had applied for the posts and were appointed after following the due procedure of law and as per the 7th Central Pay Commission, they were granted minimum pay of Rs.21700.00 (Level 3) which was adopted by the Punjab Government on 17/7/2020, although the petitioners were entitled to the payscale of Rs.29200.00 (Level 5) as per the 7th Central Pay Commission. It is further submitted that Hon'ble Punjab and Haryana High Court had issued a letter dtd. 29/9/2022 to all the District and Sessions Judges in the State of Punjab informing them that the High Court had adopted three letters which had been issued by the State of Punjab. It is also submitted that a letter dtd. 2/2/2023 (Annexure P-6) was written by the Registrar General of this Court to the Superintendent, Department of Home Affairs and Justice (Judicial-1 Branch), Government of Punjab, Chandigarh forwarding the letters received from the District and Sessions Judges of the State of Punjab with a request to provide the clarification as sought by the said District and Sessions Judges. It is submitted that in the said correspondence, clarification was sought with respect to memo dtd. 13/1/2022 issued by the State of Punjab and request was made to provide pay scales admissible for the post of Clerk, Stenographer Grade-III, Driver and Process Server in consonance with the Court's letter dtd. 27/5/2021 and with further request to send the fixation chart under the 7th Pay Commission Report for granting of Annual Grade Increments and other financial benefits to the officials. It is contended that although a period of more than one year has lapsed but no clarification has been given by the State of Punjab to the letter dtd. 2/2/2023 and no relief has been granted to the petitioners.

(3.) Learned State Counsel appearing on behalf of respondent No.1 has submitted that the State of Punjab would send clarification as sought by the Registrar General of this Court vide letter dtd. 2/2/2023 within a period of three months from the date of receipt of certified copy of the present order and would forward the same to the Hon'ble High Court.