SHER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Did the State Government act in violation of Articles 14 and 16 of the Constitution in not granting the appellants, who were working as Technical Assistants, the same scale of pay as had been granted to the Deputy Superintendents working in the Punjab Civil Secretariat This is the short question that arises for consideration in this Letters Patent Appeal. The learned Single Judge has answered this question against the appellants. Hence this appeal.

(2.) The appellants are working as Technical Assistants in the Economic and Statistical Organisation of the State of Punjab. They were initially in the pay scale of Rs. 300-600 per mensem. The Second Pay Commission recommended that they be placed in the scale of Rs. 750-1300 with the stipulation that those possessing the qualification of M.A. First Class, would get a start of Rs. 775/- p.m. The Government, however, after consideration of the matter decided that the Technical Assistants should be placed in the scale of Rs. 700-1200. Resultantly, they were granted this scale w.e.f. January 1, 1978.

(3.) There was another category of employees viz. the Deputy Superintendents working in the Punjab Civil Secretariat. They were initially in the scale of Rs. 150-300 with a special pay of Rs. 50/- per mensem. However, prior to January 1, 1978, they were in the scale of Rs. 350-800 with a special pay of Rs. 50/- per mensem. Though the Commission had recommended a lower scale for them, the Government had sanctioned the scale of Rs. 800-1400 with effect from January 1, 1978. The appellants complain that the action of the Government in placing the Deputy Superintendents in a scale higher than that given to them is vioiative of Articles 14 and 16 of the Constitution. Is it so