C.W.P. No.9561 of 1988 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
C.W.P. No.9561 of 1988
Date of Decision: 08.12.2008
Harnek Singh and others ..........Petitioners
Versus
State of Punjab and another ............Respondents.
CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI
Present: Mr. Amit Chopra, Advocate
for the petitioners.
Mr. S.S. Sahu, AAG, Punjab.
PERMOD KOHLI J. (ORAL)
********
The short dispute that remains to be considered is the grant of
equal pay to the petitioners who are working as Senior Instructors/Junior
Lecturers at par with the Lecturers in the Education Department. The case
of the petitioners is that after 01.02.1968, there were no posts of Junior
Lecturers. The Lecturers were in the pay scale of Rs.250-550 and the
petitioners were also in the same pay scale. The 2nd Pay Commission
constituted for revision of pay scale of the Punjab Government employees.
The recommendations of the 2nd Pay Commission were accepted by the
Government and were made applicable w.e.f. 01.01.1978. The 2nd Pay
Commission recommended the pay scale of Rs.700-1300 to the Lecturers
(School Cadre) whereas the scale of Rs.570-1080 was recommended for the
Senior Instructors/Junior Lecturers. The Implementing Committee granted
pay scale of Rs.700-1300 to the Lecturers (School Cadre) whereas
petitioners pay scale was recommended Rs.570-1080. The matter was
referred to the Anomaly Committee and on the basis of recommendations of
the Anomaly Committee pay scale of Rs.620-1200 was granted to the Senior
Instructors whereas Junior Lecturers remained in the pay scale of Rs.570-
C.W.P. No.9561 of 1988 -2-
1080 w.e.f. 01.01.1978.
The 1st Pay Commission also equated the posts of Senior
Instructors/Junior Lecturers with that of the Lecturers. Later on the School
Lecturers were placed in the pay scale of Rs.700-1300 w.e.f. 01.01.1978
whereas the lower pay scale of Rs.620-1200 was granted to the Senior
Instructors and Rs.570-1080 to the Junior Lecturers. The petitioners being
Senior Instructors are claiming same pay scale as Lecturers. The 3rd Pay
Commission was constituted and the 3rd Pay Commission recommended the
pay scale of Rs.1500-2640 to the Senior Instructors/Junior Lecturers
whereas pay scale of Rs.1800-3200 was recommended for the Lecturers
(Schools).
A writ petition came to be filed challenging the anomaly of pay
scale wherein direction was issued to the respondents to pay the petitioners
pay scale of Rs.1800-3200 w.e.f. 01.01.1986. A copy of judgment dated
28.11.1995 passed by a Division Bench of this Court is placed on record. In
the meantime, the State Government also came out with a notification dated
13.05.1991 wherein the Senior Instructors and Junior Lecturers in the pay
scale of Rs.570-1080 were placed in the pay scale of Rs.1640-2925 and
Rs.1800-3200 to the extent of 50% of the posts in the cadre strength of the
Instructors. Upon the amalgamation of the posts into one cadre, 50% of the
posts to be designated as Instructors Grade II in the pay scale of Rs.1640-
2925 and 50% of the posts to be designated as Instructor Grade-I in the pay
scale of Rs.1800-3200.
The judgment dated 28.11.1995 was later implemented and pay
scale of Rs.1800-3200 was granted to the petitioners and non-petitioners
w.e.f. 01.01.1986 as is evident from the order/memo dated 20.03.1998.
From the above, it appears that the anomaly between the pay scales of the
Lecturers (Schools) in the Education Department and the petitioners who
C.W.P. No.9561 of 1988 -3-
were also Post-Graduates working as Instructors was removed w.e.f.
01.01.1986. They were also in the same pay scale prior to 01.01.1987. The
only dispute relates to the period 01.01.1978 to 01.01.1986.
In the reply filed, it is stated that the petitioners and the Lecturers
in the Education Department were in different cadre of service, however, in
para 25 it is stated that the anomaly in the pay scales of Senior Instructors
was removed and they were allowed the pay scale of Rs.620-1200 instead of
pay scale of Rs.570-1080 originally recommended by the 2nd Pay
Commission. Thus the respondents also admitted the anomaly in the pay
scale after the 2nd Pay Commission and anomaly stands removed.
Since the anomaly itself is admitted, this petition is allowed and a
direction is issued to the respondents to grant the pay scale of Rs.700-1300
to the petitioner w.e.f. 01.01.1978 to the next pay revision on 01.01.1986, if
such benefit has not already been granted. The respondents will accordingly
determine the arrears if any payable and pay the same within a period of four
months from the date certified copy of this order is made available to the
respondents.
December 08, 2008 (PERMOD KOHLI) Pankaj* JUDGE