H P S E B Vs. ARJUN SINGH

JUDGEMENT

(1.) Challenge herein is to the judgment dated 28.10.2010 Annexure A-1, passed by learned Single Judge in CWP(T) No.5386 of 2008, allowing thereby the petition partly, with a direction to the appellant-Board to release the pay-scale of Rs. 1800-3200 to the respondent-writ petitioner w.e.f. 1.1.1986, with all consequential benefits.

(2.) The complaint is that learned Single Judge has failed to appreciate that consequent upon the judgment passed by the erstwhile Administrative Tribunal in OA No.1578/1990, the appellant-Board placed the writ petitioner in the pay-scale of Rs. 570-1080 w.e.f. 1.4.1981. This scale was further revised to Rs. 1500-2640 w.e.f. 1.1.1986 on Punjab State Electricity Board pay pattern. Since the writ petitioner allegedly obtained the benefit of pay-scale on the basis of Punjab State Electricity Board pattern consequent upon the order passed by the erstwhile Administrative Tribunal, therefore, now he is not entitled to the benefits under the pay pattern of the appellant-Board. The findings that there is no proof that the appellant-Board is following the pattern of Punjab State Electricity Board are stated to be not correct in view of the resolution Annexure A-2 annexed to this appeal. The writ petitioner having availed the benefit of Punjab State Electricity Board pay pattern cannot claim the grant of pay scale on some different pattern. The pay-scale of Rs. 1800-3200 has been granted to bull-dozer operators, dumper operators, shovel operators etc. keeping in view that they handle heavy earth moving machines and hence, not comparable with the category of the writ-petitioner, i.e. Diesel Engine Operator. The above categories allegedly form separate cadre and are governed by separate recruitment and promotion regulations and as such there is nothing common with the Diesel Engine Driver, the category of the writ petitioner.

(3.) On hearing learned counsel on both sides and also going through the record, it is seen that in the cadre of Diesel Engine Driver, there exists only one post, which previously was manned by the Writ Petitioner and after his retirement on superannuation on and w.e.f. 31.12.2007, was to be treated as a dying cadre. Consequent upon the order passed by the erstwhile Administrative Tribunal in OA No.1578/1990 (Annexure RA-1 to the reply filed in the writ petition), the writ petitioner was placed in the payscale of Rs. 570-1080 w.e.f. 1.4.1981. Subsequently, he was granted the revised pay-scale of Rs. 1500-2640 w.e.f. 1.1.1986. Again, his pay was fixed in the revised pay-scale of Rs. 1800- 3200 vide order dated 7.10.1997, Annexure RA-IV to the supplementary affidavit filed in the writ petition. The pay of the petitioner in the revised pay-scale of Rs. 1800-3200, however, was withdrawn vide order dated 5.12.1997, Annexure RA-V to the supplementary affidavit filed in the writ petition. The writ petitioner on being promoted as Foreman (Light Machinery) stands retired on superannuation from the service of the appellant-Board on and w.e.f. 31st December, 2007 (AN).