MALKIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner joined service as a Plumber in 1979 in the Department of Health, Punjab to serve in the office of Civil Surgeon, Mansa on his name being sponsored by the employment exchange. At the time of recruitment, the qualification for the post of Plumber was Middle pass with two years ITI course in the Trade of Fitter, which he possessed. He qualified the Matriculation examination in 1982 after obtaining permission of the Department for further studies.

(2.) THE First Pay Commission recommended in 1967 that the pay scales of skilled and semi -skilled employees should be related to academic and technical qualifications. Such of the posts which required Matric with ITI (two years) qualification were entitled to the pay scale of Rs.140 -300. These recommendations fall in Chapter XII of the Pay Commission Report. The Punjab Government accepted the recommendations in 1969 by its notification published on February 04, 1969. The pay scale of Rs.140 -300 was revised w.e.f. 01.01.1978 to Rs.450 -800 on the recommendations of the Second Pay Commission. The Third Pay Commission found that the existing grade structure of skilled and semi -skilled staff in various departments was highly diverse and presented a confused picture since posts bearing the same designations in different departments carried different pay scales. Qualifications prescribed also varied from department to department. While recommending revision of the pay scale from Rs.450 -800 to Rs.1200 - 2100, the Commission advised Government that skilled and semi -skilled staff across departments should be re -designated as Junior Technicians Grade -I to Grade -IV. Chapter 26 of the Third Punjab Pay Commission Report deals with the subject.

(3.) THE petitioner complains that when he was offered appointment it was in the pay scale admissible to Class -IV employees whereas he was entitled to be placed initially in the pay scale of Rs.140 -300 on the strength of his technical qualifications of Matric plus two years ITI. However, he was left out and did not get the benefit of revision. He pleaded for justice. Some persons holding counter -part posts in the Department of Public Health, Punjab feeling aggrieved approached this Court in CWP No.10759 of 1990, titled Rajinder Pal Gautam and others vs. State of Punjab and others which was decided in their favour on May 30, 2008. Gautam and company were employees who possessed the qualifications of two years ITI diploma course with Matriculation who were working as Pump Operators and were held entitled to the pay scale of Rs.140 -300 w.e.f. the date when they joined service. Those who did not hold the qualifications were denied relief. The said unsuccessful non -matric employees carried LPA No.44 of 2009 against the judgment of the learned single judge in which the order was modified on February 15, 2010 holding that no arrears will be paid to the petitioners. Aggrieved, the State carried SLP (C) No.15225 of 2010 which was dismissed by the Supreme Court on July 12, 2010. It is the say of the petitioner that the judgment passed in Gautam case has been implemented by the Department of Water Supply and Sanitation, Punjab qua the petitioners vide a letter dated July 23, 2010. The Government of Punjab generalized the judgment passed in intra court appeal to other left -out counter -parts working in the Department of Water Supply and Sanitation with a view to bring uniformity in the department and therefore, instructions dated June 30, 2011 were issued granting parity of treatment.