CWP No.2870 of 1985 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CWP No.2870 of 1985 (O&M)
Date of decision: 28.11.2008
Satpal Singh and others
-----Petitioners
Vs.
Registrar, Punjab and Haryana High Court, Chandigarh and
others
-----Respondents
CORAM:- HON’BLE MR JUSTICE ADARSH KUMAR GOEL
HON’BLE MR JUSTICE L.N.MITTAL
Present: Mr. Sapan Dhir, Advocate for the petitioners.
Mr. Kanwaljit Singh, Sr. Advocate with
Mr. K.S.Mangat, Advocate for respondent No.1.
Mr. Arun Nehra, Advocate for respondent No.2.
Adarsh Kumar Goel, J
1. This petition seeks a direction for grant of
retrospective promotion to the posts of Secretaries from the date
such promotions were allowed in the Punjab Government to
Secretaries to Ministers.
CWP No.2870 of 1985 2
2. Case set out in the petition is that the petitioners were
working on the posts of Readers and Private Secretaries. The said
posts were equated with the posts of Private Secretaries in the
Punjab Civil Secretariat for revision of pay scales vide letter dated
23.4.1970. Accordingly, the petitioners were given pay scales
equal to the pay scales of Private Secretaries in the Punjab
Government. The Punjab Government revised the pay scales of
Private Secretaries vide office order dated 8.2.1974. The
petitioners sought parity and filed CWP No.2070 of 1976 which
was allowed vide order dated 7.10.1976 being Satpal Singh and
others v. The Union of India and others, (1977) 1 SLR 159.
Against the said order, LPA was dismissed. Basis of claim of the
petitioners was the order dated 23.4.1970 granting them parity at
par with Private Secretaries in the Government of Punjab.
3. On 19.1.1981, the Government of Punjab decided to
upgrade 25% posts of Private Secretaries to that of Secretaries.
Hon’ble the Chief Justice vide order dated 23.8.1983 also
upgraded some of the posts but retrospective effect was not given
to up-gradation at par with the up-gradation given by the State of
Punjab. The up-gradation was given effect from 1.1.1978 by the
State of Punjab. Thus, the petitioners are aggrieved by
CWP No.2870 of 1985 3
denial of parity in the matter of upgradation to the posts of
Secretaries w.e.f 1.1.1978.
4. In the reply filed on behalf of the High Court, the
petition has been contested. It is submitted that parity could be
claimed only with regard to the pay scales of Private Secretaries
and not to the up-gradation to the posts of Secretaries. There is no
basis for the claim for up-gradation to the posts of Secretaries
from a retrospective date. The decision of up-gradation is an
independent decision, which the Hon’ble Chief Justice has taken.
5. We have heard learned counsel for the parties.
6. Contention raised on behalf of the petitioners is that
they are entitled to pay scales of the posts of Secretaries w.e.f
1.1.1978. Reliance is placed on judgments of this Court in Satpal
Singh (supra) and Jagjit Mohan Singh Bhalla and others v.
Union of India and others, 1974(2) SLR 1.
7. Learned counsel for the High Court submits that the
foundation of the claim in the writ petition is the order dated
23.4.1970, which sanctioned equation to the posts of Private
Secretaries and Readers of this Court at par with the Private
Secretaries in the Punjab Government. The said order was only
CWP No.2870 of 1985 4
for the purpose of parity in pay scales and not for up gradation of
posts.
8. We have considered rival submissions.
9. Order dated 23.4.1970 relied upon by learned counsel
for the petitioner, which is reproduced in para 5 of the writ
petition, is as under:-
“With reference to your letter No.360-IH(S)-70/3610
dated 27.2.1970 on the above subject. I am directed to
convey the sanction of the President to the equation of
the posts of Private Secretaries/Readers to Chief Justice
and Judges of the High Court of Punjab and Haryana at
Chandigarh with the posts of Private Secretaries in the
Punjab Civil Secretariat and to the prescription of scale
of Rs.450-25-500-30-650/30-800 for these posts. This
sanction will take effect from Ist February 1968, but no
arrears will be payable for past periods.”
10. A bare perusal of the above order shows that the parity
granted in the said order is only for the purpose of pay scales and
for no other purpose. If that be so, the petitioners have no basis to
claim parity in the matter of up-gradation to the posts of
Secretaries, which issue had to be dealt with independently. Apart
from order dated 23.4.1970, the petitioners have not been able to
CWP No.2870 of 1985 5
show any other basis for claiming, as of right, up-gradation to the
posts of Secretaries. The judgments relied upon relate to equality
in the matter of pay scales and, are thus, not applicable for up-
gradation. It is not disputed that the petitioners continued to get
the pay scales at par with the pay scales of Private Secretaries in
the Punjab Government.
11. In view of above, the petitioners have no right to claim
appointment or benefits of the up-graded posts prior to the date
from which the said benefits have been given, under the orders of
the Hon’ble Chief Justice.
12. The writ petition is dismissed.
(Adarsh Kumar Goel)
Judge
November 28, 2008 (L.N.Mittal)
'gs' Judge