RAGHBIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been jointly filed by Raghbir Singh, Walaiti Ram, Raj Krishan Sachdeva, Dharam Singh and Hans Raj, all of whom are working as Assistant Store Officers inthe Post Graduate Institute of Medical Education and Research, Chandigarh (for short, 'the P.G.I.') for issue of a writ of mandamus to the respondents to grant them revised pay scale of Rs. 2,000-3,500 with a special pay of Rs. 100/- p.m. with effect from 1.1.1986. They have also prayed for grant of interest at the rate of 18% per annum.

(2.) Petitioners joined service in the P.G.I. as Clerks/Store Clerks/Assistant Storekeepers in the pay scale of Rs. 60-175. At the time of their appointment, the Institute was being controlled by the State of Punjab. All of them were appointed/promoted as Storekeepers/Assistant Storekeepers on 13.2.1965 except Walaiti Ram, who was appointed as Assistant Storekeeper with effect from 19.11.1965. The P.G.I. became a corporate body under the Post Graduate Institute of Medical Education and Research, Chandigarh Act, 1967 (for short 'the Act'). The Governing Body of the P.G.I. passed a resolution on 17.2.1975 and approved the recommendations of the Standing Finance Committee of the P.G.I. to the effect that in regard to the categories of staff who were drawing Punjab pay and allowances status quo should be maintained and they should be allowed allowances on the Punjab pattern. The Standing Committee had also decided that all future recruitment/promotions in the service of the P.G.I. should be made in the same scales as are prevalent in the All India Institute of Medical Sciences, New Delhi. In the year 1967 the P.G.I. enacted the Post Graduate Institute of Medical Education and Research Regulations, 1967. The service conditions of the petitioners are being governed by these regulations. All the petitioners were confirmed as Storekeepers. They were promoted as Senior Storekeepers and then as Assistant Store Officers from the various dates mentioned in para 14 of the writ petition. The pay scale of the post of Senior Storekeeper was revised by the P.G.I. to Rs. 600-1,120 with effect from 1.1.1978. The pay scale of the post of Assistant Store Officer was also revised from time to time. With effect from 1.1.1986 the pay scale of the post of Assistant Store Officer was revised to Rs. 1,640-2,925. Similarly, the pay scale of the post of Storekeeper was revised to Rs. 1,500-2,640.

(3.) In the writ petition, the petitioners have stated that the Punjab Government has revised the pay scale of an identical post with effect from 1.1.1986 to Rs. 2,000-3,500 with a special pay of Rs. 100/- p.m. However, the institute did not grant the benefit of revised pay scale to them even though they had made representations and had served a notice of demand for justice. They have also made reference to the recommendations made by the Director of the P.G.I. for grant of pay scale of Rs. 1,800-3,200 to the Senior Storekeepers and that of Rs. 2,000-3,500 to the Assistant Store Officers.