HAKAM SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) By way of the instant writ petition, under Articles 226/227 of the Constitution of India, the petitioner seeks issuance of directions to the respondents to grant pay scale of Rs. 10300-34800+G.P of Rs. 4200/- to the petitioner (Kanungo) as being given to Kanungo in the Revenue Department w.e.f. 16.12.2004.

(2.) It is contended that the petitioner was appointed as Demarcation Daroga in the Forest Department on 27.11.1996. The educational qualification, pay scale and nature of duties are same as that of Patwari in the Revenue Department and the rules of Revenue Department have been followed by the Government to govern the services of Demarcation Daroga/Patwari and Demarcation Supervisor/Kanungo in the Forest Department. After the Punjab Civil Services (Revised Pay) Rules, 1998 (Annexure P-2) came into force w.e.f. 01.01.1996, the pay scale of Rs. 950-1800 was revised to Rs. 3120- 5160 and the pay scale of Patwari in the Revenue Department was also revised from Rs. 950-1800 to Rs. 3120-5160. Learned counsel refers to order dated 07.05.1999 (Annexure P-3), whereby the petitioner was granted revised pay scale of Rs. 3120-5160 w.e.f 01.01.1996, considering the pay revision of Patwari in the Revenue Department to contend that the Forest Department kept the petitioner on parity with the Patwaris of Revenue Department as the nature of duties were same. Thereafter, the petitioner was promoted to the post of Demarcation Supervisor/Kanungo by the Forest Department, by way of order dated 16.12004 (Annexure P-6) in the pay scale of Rs. 4020-6200, however, he was not given the pay scale of Rs. 4550-7220 as is being given to Kanungo of Revenue Department, though the nature of duties are same as in Revenue Department. For the redressal of his grievance, the petitioner has approached the competent authorities, however, nothing has been done.

(3.) On the other hand, learned State counsel states that the petitioner has claimed the pay scale of Kanungo of Revenue Department, whereas, he has been working in the Forest Department. The State Government has issued separate notification for revision of pay scale to the Forest Department. She further states that though the qualification is same, however, the nature of duty of Kanungo of both the Department are different, therefore, the petitioner cannot claim parity with the Kanungo of Revenue Department.