JAGRAJ SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners have sought issuance of a writ of mandamus against the respondents for payment of revised pay-scale in the cadre of Senior Technical Assistants (for short 'STAS').

(2.) Briefly stated, the facts of the case are that the petitioners were initially employed as STAS in the Irrigation Department of the Government of Punjab. In the year 1984, the Government of Punjab took a policy decision and transferred to post of Project Development Economist from Irrigation Department to the Joint Development Commissioner, Kandi Watershed and Area Development Project, Punjab, Chandigarh. In pursuance of that decision, a proposal was made by the department of agriculture and Forests for sanction of the staff. On the basis of the aforesaid proposal, an order dated 26.2.1985 (Annexure P-2) was issued by the Financial Commissioner Deve'opment and Secretary to Government, Punjab, Department of Agriculture and Forests, whereby sanction of the President of India was conveyed for creation of four posts of STAS. In the pay scale of Rs. 700-1200 and abolition of equal number of posts in the Irrigation Department. In that order it was clearly mentioned that incumbents of those posts shall be entitled to pay and allowances as are admissible to State Government employees from time to time. Petitioners were transferred and appointed on the newly created posts of STAS under the Joint Development Commissioner, Kandi Watershed and Area Development Project Punjab, Department of Agriculture and Forests.

(3.) Pay scales of the employees working in the Irrigation Department were revised but some of the cadres were left out of the scope of the Pay Commission. Dr. Gautam and others filed C.W.P. No. 2237 of 1987 claiming revision of pay scales. Their writ petition was allowed by the High Court vide its judgment dated 3.6.1989. In compliance with the orders passed by the High Court. The Government of Punjab issued Notification dated 3.10.1989 and prescribed the revised pay scales for various posts. Including the posts of STAS. The revised pay scale for the post of STA came to be prescribed as Rs. 800-1400 with effect from 1.1.1978 and Rs. 2000-3500 with effect from 1.1.196. Petitioners made representations for the grant of the revised pay scale. Their case was recommended by different departmental authorities but benefit of revised pay scale has not been given to them. They have complained of the discrimination and violation of their fundamental right of equality in the matter of employment. Assertion of the petitioners is that they are discharging duties which are identical to those being performed by the STAS employed in the Irrigation Department and once pay scale for the posts of STAS of Irrigation department has been revised, they have also acquired a right to be given the benefit of revised pay scale.