KESAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have invoked the writ jurisdiction of this Court by filing the instant petition under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for quashing the order dtd. 4/8/2021 (Annexure P-5) passed by respondent No.2, whereby the claim of the petitioners for grant of pay scale at par with the posts of Clerks has been rejected. Further, seeking a writ of mandamus, directing the respondents to rectify the anomaly in the pay scale of the petitioners viz a viz the Clerks and pay the arrears of revised pay, conveyance allowance along with special pay w.e.f. 1/12/2011, with interest @ 18% per annum.

(2.) The brief facts, as have been pleaded in the petition, are that the petitioners joined the respondent-Department i.e. Hospitality Department, Civil Secretariat, Punjab, Chandigarh as Mates (Class IV) and they were further promoted to the posts of Cook/Butler/Halwai and petitioner No.12 was further promoted to the post of Steward. Their service particulars, as given in para 2 of the petition, are as under :-

(3.) Reply by way of an affidavit of Ms. Sonali Giri, IAS, Director, Hospitality, Punjab, Chandigarh, on behalf of respondents No.1 to 3 has been filed, wherein it has been stated that there is a lot of difference between the qualifications and functional duties of the posts of petitioners with that of Clerks. The relevant portion from the said reply is as under :-