HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.3896 of 2009 (O&M) Date of Decision: 10.08.2011 **** Harbans Singh & Ors. . . . . Petitioners VS. State of Punjab & Anr. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Ms. Anu Chatrath, Advocate for the petitioners Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The petitioners who had joined the Department as Junior Lecture Assistants, are presently working as Senior Lecture Assistants. They approached this Court in CWP No.3125 of 1988 claiming higher pay-scale over and above the Laboratory Attendants w.e.f. 01.01.1978. Their writ petition was allowed vide judgement dated 05.10.1989 and the respondents were directed to grant pay-scale of Rs.510- 940 to the petitioners w.e.f. 01.01.1978. The LPA bearing No.64 of 1990 preferred by the State of Punjab was also dismissed. (2). The petitioners were meanwhile promoted as Senior Lecture Assistants. Their precise grievance is that the Junior/Senior Lecture Assistants are entitled to be granted CWP No.3896 of 2009.doc - 2 – the corresponding revised pay scales w.e.f. 1.1.1986, 1.1.1996 and 1.1.2006 on the basis of pre-revised pay-scale of Rs.510-940 granted to them w.e.f. 01.01.1978 under the directions of this Court. (3). The respondents have filed their reply/affidavit opposing the petitioners’ prayer on the strength of letter dated 18.9.1991 (Annexure R1) whereby the demand for the revision of the pay-scales of Laboratory staff were considered and turned down by the Anomaly Committee without assigning any reason. The so-called speaking order dated 24/30.9.2009 (Annexure R2) is also founded upon the above-stated letter dated 18.9.1991 (Annexure R1). (4). The core issue that requires consideration is that once the pay-scale of Rs.510-940 was granted w.e.f. 1.1.1978 under the orders of this Court, what would be the corresponding revised pay scale to which the Junior/Senior Lecture Assistants are entitled at the time of revision of their pay scales w.e.f. 1.1.1986, 1.1.1996 and 1.1.2006? This aspect has not been considered by the Anomaly Committee so far. (5). Suffice it to mention here that at the time when the claim for the grant of higher revised pay scale of the Laboratory staff was rejected vide letter dated 18.9.1991 (Annexure R1), the judgement dated April 3, 1991 passed in LPA No.64 of 1990 was not given effect as it was implemented subsequently vide letter dated 8.6.1992 (Annexure P3). 2 CWP No.3896 of 2009.doc - 3 – (6). For the reasons afore-stated, the writ petition is allowed to the extent that the impugned orders 18.09.1991 & 24.09.1991 (Annexures R1 & R2) are hereby quashed and the Anomaly Committee is directed to re-consider the claim of the Junior/Senior Lecture Assistants for grant of appropriate revised pay scale to them w.e.f. 1.1.1986, 1.1.1996 and 1.1.2006 in the light of the decisions of this Court (Annexure P1 & P2) as well as the letter dated 8th June, 1992 (Annexure P3) implementing those decisions. The Anomaly Committee shall also be required to hear the petitioners in their representative capacity before taking any decision in the matter. (7). The needful shall be done within a period of six months from the date of receipt of a certified copy of this order. (8). Ordered accordingly. Dasti. 10.08.2011 vishal shonkar (S u r y a K a n t) Judge 3