J K GOEL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Almost two decades back, the State of Punjab gave an undertaking to this Court that "the Government will always treat the P.C.S. (Executive and Judicial Branches) equally in the matter of pay scales." This was on November 5, 1975 when this Court disposed of Amarijit Singh Sodhi v. The State, of Punjab & Ors., Civil Writ Petition No. 1047 of 1974. The petitioners who are members of the P.C.S. Judicial Branch, have filed these three petitions and complain that the State Government has not honoured its undertaking. Is it so?

(2.) Learned counsel for the parties are agreed that all the three cases can be disposed of by one order. They have referred to the facts as disclosed in a chart which has been produced as Annexure P-18 with a Misc. application in C.W.P. No. 75 of 1994. The respondents have not disputed the factual position as pointed out in the chart. It may be briefly noticed.

(3.) The Members of the Civil Service (Judicial and Executive Branches) were placed in the scale of Rs. 940-1850 with effect from January 1, 1978. A selection grade of Rs. 2000-2400 on completion of 12 years' service was also provided. The scales were revised with effect from January 1, 1986. A time scale of Rs. 2200-4000 was provided. On completion of eight years of service, the members were entitled to be placed in the scale of Rs. 3000-4500. A selection grade of Rs. 4125-5600 was also sanctioned. These three scales continue to be in force till today. The members of the Executive Branch as well as the Judicial Branch are, thus, placed in identical scales of pay. However, the disparity lies inasmuch as :