CWP No.2870 of 1985 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. 1 CWP No.2870 of 1985 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 2 CWP No.2870 of 1985 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 3 CWP No.2870 of 1985 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 4 CWP No.2870 of 1985 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 5