JATINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners, who are working as P.A.S. (Class II) in the Statistical Wing of the Agriculture Department of Punjab, have filed this petition seeking the issuance of a writ of mandamus directing the respondents to give the same pay scale to them as is being given to the Class-II officers working in the Administrative Wing of the Agriculture Department of Punjab on the ground that there was parity in the pay scales between the Class-II officers of the Administrative Wing and the Statistical Wing of the Agriculture Department of Punjab throughout and they could not be discriminated.

(2.) Agriculture department of the State of Punjab is divided into four wings; namely, Administrative Wing, Statistical Wing, Engineering Wing and Geological Wing. All the Class-II officers of each wing are governed by the Punjab Agriculture Services (Class-II), Rules, 1971 (hereinafter referred to as 'the Rules') and were in a similar pay scale- irrespective of the fact that they were working in different wings. In the revision of pay scales upto 17.9.1992 all officers working on Class-II posts in the Agriculture department were given the same grade of pay. For the first time in the year 1992, the long drawn parity of pay scales between the P.A.S. (Class-II) officers of the Administrative Wing and the Statistical Wing was disturbed by the Government by issuing Memo No. 16/3/89-Agr.I(I)/11376 dated 18.9.1992. Vide this memo, pay scales of all the officers falling in the cadre of Administrative Wing, P.A.S. Class-II in the Department of Agriculture and the Class-II Assistant Directors in the Horticulture Department were changed and they were given the pay scale of Rs. 2200-4000 that the time of entry in the service and pay scale of Rs. 3000-4500 after 8 years of service and apay scale of Rs. 3700-4500 after 18 years of service. Further, by this memo, all persons whether they belonged to P.A.S. (Class-II) service or Class-III (Non-gazetted) service were merged and one cadre was formed. Higher pay scale was given to the officers working in the Administrative Wing only. The benefit of higher pay scale was not given to the officers working on the equivalent posts of other wings of the department although parity in pay was being maintained between them since 1968. Petitioners filed representations with the respondents claiming the same pay scale as was given to the officers working on the equivalent posts in the Administrative Wing of the Agriculture department.

(3.) Representations filed by the petitioners were rejected, aggrieved against which, present writ petition has been filed seeking the same pay scale as is being given to the officers working on the equivalent posts in the Administrative Wing of the Department on the ground that the action of the respondents in not giving the same pay scale to the petitioners who are working in the Statistical Wing as is being given to the officers working on the equivalent posts in the Administrative Wing, amongst whom there was continuous parity of scales of pay for a long time, is arbitrary and illegal.