BATKAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, petitioners are seeking a writ in the nature of Certiorari quashing order of Director, Local Government, dated 14.8.1991 (Annexure P-7) and order of Municipal Committee, Kotkapura, dated 17.9.1991 (Annexure P-8) removing the names of petitioners from the combined seniority list of Clerks and reducing their pay scale from Rs. 1200-2100 to Rs. 950-1800, and for issuance of writ in the nature of Mandamus directing the respondents to restore the names of petitioners in the combined seniority-list at their original serial numbers, with consequential benefits of higher pay scales.

(2.) In brief, the facts as emerged from the pleadings of the parties are that petitioners 1 and 2 were appointed as Meter Readers on 24.1.1977 and 33.1979 respectively and in due course were duly confirmed. The requisite minimum qualifications for recruitment to the posts of Clerks and Meter Readers as given in advertisement dated 3.7.1976 (Annexure P-9) are identical, i.e. matric 2nd division and having passed Punjabi upto matric standard. It has been averred by the petitioners that both these Class-Ill posts are inter-changeable posts and the employees working against these posts are frequently transferred inter-se in the department of Octroi-Tehbazari and Engineering branch, as Meter Readers or Clerks. Petitioners have also annexed with the petition Annexures P-l/A to P-l/D to show that on numerous occasions, petitioner No. 1 and others who initially were appointed as Meter Reader were transferred as Clerks and allotted different departments of the Municipal Committee. Vide circular letter dated 20.7.1981 issued by the State of Punjab with regard to fixation of scale of certain categories, the scales of pay of Meter Readers were revised w.e.f. 1.1.1978 and they were awarded identical scale of Rs. 400-600 as in the case of Clerks. It is also the case of the petitioners that the posts of Meter Readers and Clerks are at per being identical in the matter of minimum qualifications of eligibility, similarity of functions interchangeable duties and same pay scales. These posts remained merged in a single combined seniority-list of Clerks, Meter Readers and Octroi Moharirs. The names of petitioners on the tentative seniority-list of cadre were placed at Nos. 40 and 43 respectively and this was approved by the Administrator vide order dated 23.11.1990. Vide resolution dated 6.6.1991 of the Municipal Committee, Kotkapura, the names of petitioners, as approved, were recommended to be placed in the final list. This recommendation was accepted by the Administrator as is evident from order dated 20.6.1991, whereafter the names of petitioners were placed at Sr, Nos. 35 and 39 in the final seniority- list issued on 12.11.1991. This list was made effective from 1.1.1991. As per recommendation of Punjab Third Pay Commission, the revision of pay scales in respect of categories of employees of Urban Local bodies whose existing scale of pay was identical to the pay scale of Punjab Government employees was to be governed by provisions of rule 3(h) of the Punjab Civil Services (Revised Pay) Rules, 1988 adopted by the department of Local Government, Punjab vide letter dated 15.11.1990 issued by Secretary to Government, Punjab Local Government Department. The revised pay scales were to be made effective from 1.1.1986 with regard to Ministerial staff, such as Clerks, Senior Clerks and Junior Assistants, in whose cases the revised scales were fixed as Rs. 950-1800, Rs. 1200- 2100 and Rs. 1500-2640 respectively. The method of working out the percentage of posts of Clerks in a cadre in the aforesaid three scales was to be worked out according to the annexures attached to order dated 15.11.1990 issued by the Department of Local Government (Accounts Branch), Punjab, in regard to revision of their pay scales. Pursuant to this order, petitioners' pay scale was fixed at Rs. 1200-2100 as admissible to Senior Clerks, being the scale given to 40% of the total number of posts. Petitioners consequently drew their salary on these revised scale of Rs. 1200-2100 in the months of July and August, 1991. However, as a consequence of order dated 14.8.1991 issued by the Department of Local Government, Punjab, Chandigarh, the pay scale of Bill Distributors and Meter Readers was revised to Rs. 950-1800 with an initial start of Rs. 1000/- w.e.f. 1.1.1986. It was also ordered that these categories of employees, i.e. Bill Distributors and Meter Readers will not be considered in the seniority of Clerks. In pursuance of this order, the Municipal Committee, Kotkapura, vide order dated 17.9.1991 ordered that these categories be removed from the seniority-list of Clerks. Consequently, the names of petitioners in the final seniority-list as they stood at Sr. Nos. 35 and 39, were deleted and the salaries received by the petitioners for the months of July and August, 1991 in the scale of Rs. 1200-2100 were deducted from the next month's pay. The order of the Government dated 14.8.1991 (Annexure P-7) and order dated 17.9.1991 (Annexure P-8) of the Municipal Committee, Kotkapura, are being impugned in this writ petition on the ground that an wholly artificial distinction has been made in treating the Meter Readers to be different from Clerks at the time of last revision of pay scales, even though prior to passing of these orders they continued being treated to be members of unified cadre of Clerks throughout the State and also being shown on the joint seniority list. Orders are also being sought to be quashed on the ground that the same are tantamount to reduction in rank and have been passed in violation of principles of natural justice inasmuch as no notice was given to any of the petitioners before passing he impugned orders. In answer to the claim made by the petitioners in the writ petition, respondent No. 3 in its written statement has admitted that petitioner No. 1 was given the duties of Clerk some-times, but the reason given is that due to exigencies of work many a times, some Meter Readers were assigned the duties of Clerks. Respondent thus has averred that by mere assigning the duties of Clerks they would not have become Clerks. It has also been averred that for the post of Clerk, the qualification is Matric with type-writing at the minimum speed of 30 words per minute, where-as for the post of Meter Reader the qualification is only matriculation. Respondent No. 3 has also admitted that the channel of promotion from the post of Library Attendants and Peons is to the post of Clerks if they have got the requisite qualifications and experience in the Municipal Committee. However, it has been stated that there is no such provision for promotion from the post of Meter Reader to Clerk. It has further been averred that the petitioners could not be appointed as Clerks because they have not qualified the typewriting test as being the basic qualification along with Matriculation for the post of Clerk.

(3.) Having heard the learned counsel for the parties at some length, I am of the view that the writ petition deserves to succeed. Respondent-Municipal Committee in its written statement has admitted that Meter Readers were assigned the duties of Clerks and some Clerks assigned the duties of Meter Reading Clerks. Respondent No. 3 has also admitted that petitioners' names were included in the tentative seniority- list of Clerks and they were fixed in the revised pay scale, whereafter they drew the revised pay scale for the months of July and August, 1991. Order dated 17.9.1991 passed by the Executive Officer, Municipal Committee is in pursuance of order dated 14.8.1991 of the Government whereby the Government directed that the employees belonging to the category of Bill Distributors and Meter Readers will not be considered in the seniority list of Clerks. The order of the Government does not show that on what basis these categories of employees were ordered to be excluded from the seniority-list of Clerks. Although it has been averred by respondent No. 3 that qualification for the post of Clerk is Matriculation with typewriting at the speed of 30 words per minute but as per advertisement, Annexure P-9, whereby applications were invited to fill in vacancies of Clerks and Meter Readers, the qualifications required for these two categories of posts are identical, i.e. Matriculation with Punjabi upto Matriculation standard. It no where provides that for the post of Clerks, type- writing experience is essential. In addition to this, petitioners have successfully demonstrated that the Meter Readers had been performing duties of Clerks and vice- versa in different branches of Municipal Committee on different occasions. The Committee had also maintained a combined seniority-list of Meter Readers and Clerks and had been treating the post of Meter Reader equivalent to the post of Clerk in status and responsibility. In this view of the matter, I am of the view that it is not open to the Municipal Committee to fix the employees of these categories in different pay scales when they had been enjoying the pay scales of Clerks. Moreover, the State though was made one of the respondents, but has not come forward to give any reason or justification for lowering the pay scale on the basis of order dated 14.8.1991 (Annexure P-7). The orders impugned also deserve to be quashed on the ground that neither any show-cause notice was given to the petitioner, nor they were afforded any opportunity of hearing before passing of orders lowering the pay scale and thereafter effecting recoveries.