MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner in this case at the relevant time was working as Assistant Information Officer in the Vidhan Sabha Secretariat, Chandigarh in the pay scale of Rs. 620-1200. In this writ petition, the petitioner has claimed pay scale of Rs. 2000-3500 because of the revision of pay scales from time to time and also on the ground that the pay scale of the petitioner has been made at par with the pay scale of Deputy Superintendent Grade 'A' (now Superintendent Grade II) vide notification dated 21st January, 1969 (Annexure P-2). It may be relevant to point out here that the notification dated 21st January, 1969 was issued by the State Government in exercise of the powers conferred by the proviso to Article 309, read with clause (3) of Article 187 of the Constitution of India, after consultation with the Chairman of the Punjab Legislative Council and the Speaker of the Punjab Legislative Assembly.

(2.) In the written statement filed on behalf of the State, it has been admitted that the post of Assistant Information Officer was equated to that of Deputy Superintendent Grade 'A' initially but in the year 1971, another notification dated 12th February, 1971 was issued by the Punjab Government and in terms of that notification, the order with regard to the equation of the post of Assistant Information Officer to that of Deputy Superintendent Grade 'A' was withdrawn.

(3.) Mr. Aggarwal, learned counsel appearing on behalf of the writ petitioner submits that the notification dated 12th February, 1971 referred to in Para 4 of the written statement was not issued in consultation with the Speaker of the Assembly and as such, the earlier order equating the post of Assistant Information Officer with that of Superintendent Grade A could not be withdrawn by this notification particularly when the order equating the post of Assistant Information Officer with that of the Deputy Superintendent Grade 'A' was issued in consultation with the Speaker of the Assembly. He further submitted that this point is fully covered by a judgment of this Court in C.W.P. No. 3633 of 1991,(Gurdial Singh and others v. State of Punjab etc.,1993 1 SCT 716) decided on 10th September, 1992 : .