CWP No.22812 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 21.12.2010 Gurinder Singh and others ...Petitioners VERSUS State of Punjab and others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Ravinder Malik, Advocate for the petitioner Ms.Kavita Arora, AAG, Punjab Mr.Karminder Singh, Advocate Permod Kohli, J. (Oral) Notice of motion. Ms.Kavita Arora, AAG, Punjab who is present in Court has been asked to accept notice on behalf of respondent no.1 and Mr.Karminder Singh, Advocate has been asked to accept notice on behalf of respondent no.2. Keeping in view the controversy involved and with the consent of learned counsel for the parties, this petition is disposed of at motion stage itself. Petitioners in this petition were appointed as Clerks in District Courts in the State of Punjab. They are seeking removal of the discrimination against them in the matter of pay scales. All these petitioners are under- Graduates. They were recruited/appointed to the post of Clerks at the time when the qualification for the post of Clerk was matriculation. When the CWP No.22812 of 2010 2 Central Government appointed Shetty Commission to recommend the pay scales for the judicial officers, the judicial staff also represented and Shetty Commission was also asked to examine the pay scales for the judicial staff on uniform basis. Shetty Commission accordingly made recommendations not only for the judicial officers but also for the judicial staff. I have heard learned counsel for the parties. It is conceded by the learned counsel for the parties that the issue involved in this petition is no more res integra. In similar CWP No.12750 of 2009 alongwith another connected matter decided on 13.8.2010, this Court made following observations/directions:- “ I have considered the recommendations of the Shetty Commission. There is nothing in the report/recommendations of the Shetty Commission, which may justify the different pay scales for Graduate and under-Graduate Clerks. Shetty Commission has only taken into consideration the enhancement of the qualification for Clerks after 1999 whereas their nature of job, duties and the fact that they constitute a common cadre, has not been discussed at all. The recommendations also do not contain any condition or suggestion for different pay scales in the same cadre. It appears that the State Government has totally misunderstood the recommendations of the Shetty Commission and consequential mis-applied the same to create discrimination between the employees, constituted in the same cadre. Admittedly, there is a discrimination between the Graduate and under- Graduate Clerks even though they constitute the same cadre and both categories were fully qualified and eligible at the time of their recruitment to the service. Such discrimination is impermissible in law. Hon'ble Supreme Court in case of Roshan Lal Tandon Vs.Union of India AIR 1967, Supreme Court, 1889, held as under:- “The recruits from both thesources to Grade 'D' were integrated into one class and no discrimination could thereafter be made in favour of recruits from onesource as against the recruits from the other source in the matter of promotion to Grade 'C'. To put it differently, once the direct recruits and promotees are absorbed in one cadre, they form one class and they cannot be discriminated for the purpose of further promotion to the higher Grade 'C'.” Apart from the question of discrimination, the petitioners are also entitled to equal pay and wages as CWP No.22812 of 2010 3 they are performing the duties of same nature being members of the same cadre. There is absolutely no distinction in the performance of their duties and the nature of job irrespective of their qualification. Doctrine of equal pay for equal work fully applicable in such situation. For the above reasons, these petitions are allowed. The impugned order dated 03.06.2009 (Annexure P-6) is hereby quashed. Consequently, respondents are directed to place the petitioners in the pay scale of Rs.5000-8100 with effect from the date, the pay scales were allowed to Graduate clerks. The arrears of differential amount of pay scales be calculated and paid to the petitioners within a period of four months, failing which, the petitioners shall be entitled to interest at the rate of 6% from the date, the amount became due till the amount is actually paid.” This petition is disposeed of in terms of the aforesaid judgment/observations. (PERMOD KOHLI) JUDGE 21.12. 2010 MFK CWP No.10585 of 2010 4