JAGJIT SINGH Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THE grievance of the petitioner, who is working as a Chief Sanitary Inspector, is that the pay scale of the post of Chief Sanitary Inspector has been kept equal to the pay scale of a Sanitary Inspector, which is a post in the feeder cadre from where the promotions are made to the post of Chief Sanitary Inspector, which is a promotional post from the rank of Sanitary Inspector. The argument of the learned counsel for the petitioner is that the pay scales of two posts i. e. the post in the feeder cadre and in the promotional rank cannot be the same as it is always inherent that the promotional post carries higher duties and responsibilities. In support of his argument, he cited a Division Bench judgment of this Court in Sunder Lal Jain v. State of Haryana, 1995 (2)R. S. J. 94, which in turn placed reliance on two earlier Division Bench judgments in Har Kishan and Anr. v. State of Punjab etc. , 1987 (5) S. L. R. 539 and in P. L. Goyal v. State of Haryana etc. , 1990 (5) S. L. R. 108. It was observed by the Division Bench in Sunder Lal Jain's case (supra) that "in considered view of this Court, it is totally unreasonable to place a junior post and higher post in the same pay scale. A Division Bench of this Court in Har Kishan and Anr. v. State of Punjab and Anr. , 1987 (5) S. L. R. 539 held that "when a lower post is equated with regard to pay scale with the promotional post, it was a clear anomaly and was highly irrational. " It was further observed by the Division Bench that "if there is no increase in the emoluments of a citizen on his promotion, no one would ever work with zeal and dedication nor would he ever like to acquire better experience and more qualifications. This would result into complete stagnation. The action of the respondents in equating the promotional posts with that of inferior posts in the matter of pay scale would obviously result in restricting the natural aspiration of human being to go higher and higher in his service graph and would, thus, be wholly arbitrary. "

(2.) IT may be observed here that it is not disputed on the part of the respondents that the post of Chief Sanitary Inspector is a promotional post from the rank of Sanitary Inspector under the statutory rules.

(3.) NEEDLESS to mention here that the petitioner would be entitled to all consequential benefits ensuing from the revision of the pay scale. .