CWP No.4818 of 1987 :1: In the High Court of Punjab and Haryana at Chandigarh. CWP No.4818 of 1987 Date of decision:23.09.2008 S.P. Mehta and others .. Petitioners Versus State of Punjab and others .. Respondents CORAM HON'BL MR. JUSTICE PERMOD KOHLI Present: Ms.Daljit Kaur, Advocate, for the petitioners. Mr.S.S. Sahu, AAG, Punjab, for the respondents. PERMOD KOHLI, J. The petitioners were working as Assistant Treasury Officers posted at different places in the State of Punjab. The Assistant Treasury Officers were placed in two pay scales of Rs.200-500/- and Rs.200-380/-. It is contended that the petitioner's association represented against the different pay scales for the same cadre. The Punjab Government appointed First Pay Commission in the year 1968. The First Pay Commission recommended unified pay scales for all the Treasury Officers in the pay scale of Rs.300-600/- with 20% selection grade of Rs.450-800/-. The Senior Auditors working in the State of Punjab were also recommended the same scale of Rs.300-600/- without any selection grade. Senior Auditors also represented to the Government for similar grade as of the Assistant Treasury Officers. In the meantime, Second Pay Commission came to be appointed. CWP No.4818 of 1987 :2: The Second Pay Commission considered the representations of Senior Auditors and the Treasury Officers and made the following recommendations:- “79.17. There are 46 posts of Senior Auditors in the Local Fund Wing and 281 in the Treasury and Accounts Wing in the scale of Rs.300-800/-. No selection grade has been provided for these officers. There are 55 Assistant Treasury Officers on the Treasury side in the existing scale of Rs.300-600/- but in their case 20% posts have been provided in the selection grade of Rs.450- 800/-. All these posts viz. Senior Auditors and Assistant Treasury Officers are placed in the revised scale of Rs.750-1300/- with a selection grade of Rs.800-1400/- at 20%.” With the aforesaid recommendations, the petitioners as also the Senior Auditors were placed in the same pay scale with 20% selection grade. The Punjab Government appointed Anomaly Committee. On the report of the Anomaly Committee, the Punjab Government vide letter dated 01.08.1983 revised the pay scales of the Senior Auditors by re-designating them as Section Officers and placed them in the pay scale of Rs.800-1400/- retrospectively, with effect from 01.01.1978. They were also granted the special pay of Rs.50/- per month. However, in the case of the petitioners they were retained in the pay scale of Rs.750-1300/- and even special pay was denied to them. CWP No.4818 of 1987 :3: The petitioners are seeking parity with Senior Auditors in the pay scale besides claiming the similar nature of duties. It is also stated that the Senior Auditors are working under the Assistant Treasury Officers. The job of the Senior Auditors is to audit and even audit reports are to be examined by the Assistant Treasury officers. Thus, there is no justification for placing the senior auditors in the higher pay scale than the Assistant Treasury Officers. The petitioners also submitted representations which were rejected by the respondents vide letter dated 06.09.1984, Annexure P- 3. The petitioners have, accordingly, filed the present writ petition seeking pay scale of Rs.800-1400/- with effect from 01.01.1978, the date when Senior Auditors were placed in the higher pay scale. I have heard the learned counsel for the parties at length. It is the admitted position on record that Assistant Treasury Officers and the Senior Auditors were placed in the same pay scale by the Second Pay Commission keeping in view the nature of their duties. It is only on the basis of the report of the Anomaly Committee that Senior Auditors were given higher pay scale which was a selection grade meant for both the categories under the recommendation of the Second Pay Commission. Apart from the above, Rs.50/- Per Month as Special Pay was also granted to the Senior Auditors without any valid basis. Since the nature of duties of the Senior Auditors and the Assistant Treasury Officers are similar, rather Senior Auditors are always suppose to work under the Assistant Treasury Officers, there is no justification for granting higher pay scale to the Senior Auditors and denying the same scale to the petitioners. In the reply filed on behalf of the respondents it is also stated that the case CWP No.4818 of 1987 :4: of the Assistant Treasury Officers for grant of scale of Rs.800-1400/- with special pay of Rs.50/- was referred to the Finance Department, but the same has been rejected. There is no justifiable ground for creating disparity between the two categories, even when the expert body like the Second Pay Commission equated their posts and placed them in the same pay scale. Rather under the recommendations of the First Pay Commission, the petitioners were in a better position as 20% of posts were placed in the Selection Grade. Even though, the Senior Auditors were also given the same benefit of 20% Selection Grade on parity with petitioners. However, the Anomaly Committee seems to have again created anomaly without any lawful and valid basis, at least, no such basis has been projected in the written statement. For the above reasons, this petition is allowed and it is directed that the petitioners shall be entitled to be placed in the same pay scale of Rs.800-1400/- with Special Pay of Rs.50/- per month, with effect from 01.01.1978 till the revision of the pay scales by the Third Pay Commission. Let the emoluments be calculated and paid to the petitioners within a period of four months from today. No costs. 23.09.2008. (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? NO