LAWS(P&H)-2009-3-306

PUNJAB STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD Vs. PUNJAB STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK PENSIONERS ASSOCIATION & OTHERS

Decided On March 10, 2009
PUNJAB STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK LTD Appellant
V/S
PUNJAB STATE CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK PENSIONERS ASSOCIATION And OTHERS Respondents

JUDGEMENT

(1.) This order shall dispose of L.P.A. No. 71 of 2006, filed by the Punjab State Cooperative Agricultural Development Bank Ltd. and L.P.A. No. 137 of 2006, filed by State of Punjab against order/judgment, dated 14.12.2005 [reported as 2006 (1) SCT 633], passed by a learned single Judge of this Court, allowing CWP No. 899 of 2000 filed by present respondent Nos. 1 to 3 in both the appeals. In view of same order/ judgment being under challenge in both the appeals, we dispose of both the appeals by a common order.

(2.) The brief facts of the case are that on the recommendations of the 3rd Pay Commission, the appellant - State of Punjab revised the pay scales of its employees on 21.05.1989, w.e.f. 01.01.1986. The appellant - Bank also, vide resolution No. 37 dated 06.07.1989, revised the pay scale of its employees, on the pattern of Punjab Government after obtaining the approval of the Registrar Cooperative Societies, Punjab. The Punjab Government issued a notification dated 24.12.1992, where by the Government amended and revised the Master pay scale in order to remove certain anomalies in pay scales. The appellant bank also introduced the amended master pay scale w.e.f. 01.01.1986 vide order dated 09.12.1997 in order to remove the anomalies. However it was clarified that the arrears of pay to the affected employees on account of the amended master pay scale will be allowed only w.e.f. 01.04.1996. As per the stand of the appellant bank the arrears were paid to the employees w.e.f. 01.01.1993.

(3.) Feeling aggrieved by the restriction on the payment of the arrears of pay only w.e.f. 01.04.1996, even though anomaly was removed w.e.f. 01.01.1986, the present respondent Nos. 1 to 3, one of which is the Pensioner's Association of the appellant - bank, filed the aforementioned writ petition challenging the order dated 09.12.1997 to the extent it restricted the payment of arrears only w.e.f. 01.04.1996. The only short question which arose for the consideration of learned single Judge and now we are required to examine in these appeals is as to whether the employees of the appellant-bank are entitled to arrears of pay w.e.f. 01.01.1986 i.e. the date from which the anomaly was removed or the same could be restricted to payment w.e.f. 01.04.1996. In other words the dispute is regarding the payment of arrears of pay w.e.f. 01.01.1986 to 31.03.1996 or 31.12.1992 as the case may be.