HARDEV SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner seeks indulgence of this Court to issue the writ of certiorari for quashing the impugned order dated 8.8.2013 (Annexure-P- 18),whereby the claim of the petitioner for granting him revised grade pay over and above the grade pay given to the feeder cadre posts, has been declined. The prayer has been made for stepping up the pay of the petitioner higher than the feeder cadre posts of Inspector (Legal Metrology).

(2.) The petitioner joined the Department of Industries on 26.11.1973 as Inspector (Weight and Measures). The post of Inspector (Weight and Measure) was re-designated as Inspector (Legal Metrology) in the year 1985. The said department was later on transferred to Food and Supplies Department in the year 2005. The petitioner was granted Assured Career Progression ( in short 'the ACP') Scheme benefits on completion of 8/16/24/32 years of service. On 20.1.2006, ACP benefit of 32 years service was granted to the petitioner and he was allowed next higher scale of Rs. 6400-10640 with effect from 26.11.2005. The petitioner was promoted as Assistant Controller (Legal Metrology), vide order dated 19.1.2007 in the pay scale of Rs. 6400-10640. The petitioner claims that the post of Assistant Controller (Legal Metrology) is a higher post, carrying higher responsibilities at the division level. The petitioner claims that on account of acceptance of the report of 5th Punjab Pay Commission, the Government issued notification dated 27.5.2009, whereby the pre-revised pay scale of Rs. 6400-10640 was revised to Rs. 10300-34800 with grade pay of Rs. 4200, which was accordingly granted to the petitioner with effect from 19.1.2007. However, the grade pay of his juniors, namely, Anirudh Ojha and Jagshir Singh, who are working as Inspectors, was fixed in the pay scale of Rs. 10300-34800 with grade pay of Rs. 4400 with initial pay of Rs. 17420/- on the basis of their pre revised pay scale of Rs. 7000-10980. After the revision of pay scale with effect from 1.1.2006, the petitioner made representations for stepping up his pay. The matter was recommended to the Finance Department to fix the pay of the petitioner one step higher grade pay than the feeder cadre posts. However, the same was declined, vide the impugned order dated 8.8.2013 (Annexure-P-18). The petitioner has furnished the following table of his pay scale and the pay scale of his juniors to press his claim :-

(3.) The State, in the reply, has taken the stand that the petitioner was granted ACPs on completion of 8, 16, 24 and 32 years of service. On his promotion to the post of Assistant Controller Legal Metrology (Weight and Measures) in the year 2007. He was granted pay scale of Rs. 6400- 10640, which he was already availing on completion of 32 years of service under ACP Scheme. The State has further taken the stand that the Government, vide notification dated 3.11.2006, amended the ACP Scheme, whereas the benefit of higher pay scale on completion of 4, 9 and 14 years of service was to be given. The employees, who had already availed the benefit under the old ACP Scheme i.e. 8, 16, 24 and 32 years, has the option to switch the benefits under the new amended scheme. It is stated that the petitioner did not opt for the new ACP scheme. The pay scale, as claimed by the petitioner, was not denied.