C.W.P. No.22620 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.22620 of 2010 Date of Decision:- 20.12.2010 Rakesh Kumar and others ...Petitioners Versus State of Punjab and another ..Respondents Present: Ms. Kavita Arora, AAG, Punjab for respondent No. 1 Mr. Kulwinder Singh, Advocate for respondent No. 2 *** PERMOD KOHLI, J. The petitioners in this petition are holding substantive rank of Clerks appointed in various districts and are presently posted as Clerks / Senior Assistants/Nazir/Translators/Readers/Record Keepers/Copyist in district Courts Jallandhar, Nawanshahar, Kapurthala and Faridkot. Some of them have even retired from service. All the petitioners were under graduates at the time of joining their services. The qualification for the post was matriculation under the statutory Rules i.e Punjab Subordinate Courts Establishment (Recruitment and General Condition of Service) Rules, 1997 (herein after called as Rules). Subsequently, the qualification for the post of Clerk was enhanced to graduation. They are seeking removal of discrimination in the matter of pay scale. When the Central Government appointed Shetty Commission to recommend the pay scale of judicial officers and during the proceedings before the Commission Judicial staff of the courts also represented before Shetty Commission. Shetty Commission was 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. It recommended pay scale of Rs.5000-8100 for C.W.P. No.22620 of 2010 -2- the graduate Clerks for the Courts. It is agreed to by the learned counsel for the parties that the controversy in the present case is squarely covered by a judgment of this Court dated 13.08.2010 passed in CWP No. 12750 of 2009 titled as Sarabjit Singh and others v. State of Punjab and another wherein following observations have been made:- “ I have considered the recommendations of the Shetty Commission. There is nothing in the report/recommendation of the Shetty Commission, which may justify the different pay scales for Graduate and under- Graduate Clerk. 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 consequently 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:- C.W.P. No.22620 of 2010 -3- “The recruits from both the sources to Grade 'D' were integrated into one class and no discrimination could thereafter be made in favour of recruits from one source 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 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. A copy of this order be C.W.P. No.22620 of 2010 -4- placed on each connected file.” This petition is accordingly allowed in terms of the aforesaid judgment. Let the claim of the petitioners be considered within a period of four months December 20, 2010 (PERMOD KOHLI) G.Arora JUDGE