MANGAT RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner No. 1 was appointed as an Electrician on 26.9.1969 in the Public Works Department (Buildings and Roads) Public Health Department whereas petitioner No. 2 was appointed as a Fitter Kulli on 7.11.1971 in the same Department. As both the petitioners were possessing the qualification of matriculation with I.T.I. certificate of two years in the Electrical trade, petitioner No. 1 was promoted as Electrical Chargeman in the pay scale of Rs. 120-250 vide order dated 8.1.1973, Annexure P-1 to the petition; whereas petitioner No. 2 was promoted as Electrician vide order dated 9.3.1972, Annexure P-2 to the petition. As the petitioners had the requisite qualifications to be treated as technicians in one of the six categories determined by the Punjab Pay Commission (popularly known as the Kothari Commission), certain pay scales were suggested for the categories to which the petitioners belonged. The Punjab Government thereafter issued a circular, Annexure P-3 dated 4.2.1969, whereby qualified technicians in category IV (i.e., the category to which the petitioners claimed to belong), were given the pay scale of Rs. 140-300. The petitioners, however, were granted the pay scale of Rs. 100-160 for the period upto 1.1.1978. This pay scale was further revised to Rs. 400-600 w.e.f. 1.1.1978 and then to Rs. 950-1800 w.e.f. 1.1.1986. Petitioner No. 2 made a representation dated 23.3.1988, Annexure P-4 to the petition, claiming that he was entitled to the pay scale of Rs. 140-300 which through subsequent revisions was now Rs. 1200-2100. The representation was duly recommended by the department and forwarded to the State Government which accepted the same vide Annexure P-7 dated 21.8.1990 and the concerned Executive Engineer was directed to make immediate compliance therewith. Vide Annexure P.8 dated 17.9.1990, petitioner No. 2 was granted the pay scale of Rs. 140-300 w.e.f. 9.3.1972 with subsequent revisions as and when they were made. A similar representation was filed by petitioner No. 1 on 15.11.1990 and he too was granted the revised pay scale w.e.f. 25.9.1969.

(2.) The petitioners, however, received a notice dated 13.5.1994, Annexure P-9, wherein it was proposed that the revised pay scale given to them as a consequence of the order, Annexure P-8, was proposed to be withdrawn. In this notice, it was, inter alia, mentioned that the pay scale of Rs. 140-300 was to be given to the Electricians working in the P.W.D. (B&R) and Irrigation departments and not to those working in the P.W.D. Public Health Department. Petitioner No. 2 filed reply to the notice and in addition to various facts mentioned above, it was pointed out that a large number of employees of the P.W.D. Public Health department had got the pay scale of Rs. 140-300 as revised from time to time and, as such, the stand of the department that the benefit of Annexure P-3 could not be given to the petitioners was not well founded. This representation was, however, rejected vide order dated 3.8.1995, Annexure P-16, and it was ordered that in supersession of the earlier orders, the pay scales of Rs. 140-300 etc. granted to the petitioners w.e.f. 1.1.1978 was being withdrawn and that the excess payment be recovered. The petitioners, thereafter filed C.W.P. Nos. 13217 and 14016 of 1995 impugning the order, Annexure P-16. In the reply filed by the respondents, an objection was taken that as the petitioners had been appointed initially on work-charged basis, they could not be given the benefit of the pay scales as revised and duly notified under the

(3.) The petition was admitted on 21.3.1996 and notice regarding stay was ordered to be issued for 16.5.1996. On May 29, 1996, however, the prayer for stay was declined by this Court but it was ordered that in case the petitioners succeed, they would be entitled to not only the repayment of money but also interest thereon.