C.W.P.No. 3505 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P.No. 3505 of 2009 Date of Decision:-14.07.2011 Rajinder Parshad Petitioner VERSUS State of Punjab and others Respondents CORAM :HON'BLE Ms. JUSTICE RITU BAHRI. Present: Ms. Alka Chatrath,Advocate, for the petitioner. Mr. K.S.Dadwal, Additional Advocate General, Punjab. RITU BAHRI,J (Oral) The petitioner was appointed as Chowkidar in the Divisional Manager, Ferozepur Division in the department of Punjab Roadways in the pay scale of Rs.300-430 on 13.11.1979. On 16.7.1984 the petitioner was adjusted as peon by the Divisional Manager, Punjab Roadways,Ferozepur. The pay scale of the post of peon and chowkidar is tentatively identical. Thereafter, on 12.8.1993 the petitioner was again shifted from the post of peon to chowkidar on which post he was initially appointed. 16 posts of Security officers in the pay scale of Rs.525-600 were sanctioned on 12.3.1985. The department surrendered 129 posts of Chowkidar. The post of Chowkidar was designated as Security Guard on 1.3.1985 and the pay scale of Security Guard were revised from 300-430 to Rs.400- C.W.P.No. 3505 of 2009 2 600. A representation was made by the Union of the petitioner to the respondents on the ground that they should be granted pay scale of Security Guard as the same duty is being performed by Chowkidars. A similar dispute arose whether Chowkidars who have been re-designated as Security Guard are entitled to the pay scales of Security Guards, came up for consideration before this Court in Civil Writ Petition No. 12861 of 1998 titled as Trilok Singh Vs. State of Punjab and others. (Annexure P-8). This petition was decided on 6.9.2001 wherein it was held that all the chowkidars will be entitled to pay scale of Rs.950-1800 w.e.f. 1.1.1986. In compliance of this judgment,the General Manager, Punjab Roadways, Taran Taran sent due representation of the petitioner to the Director, State Transport, Punjab,Chandigarh for grant of pay scale of Rs.950-1800 w.e.f. 1.1.1986 and Rs.3120-5160 w.e.f. 1.1.1996 to the petitioner vide Annexures P-10 and P-11. Finally, a legal notice Annexure P-12 dated 27.8.1991 was issued to the respondents for compliance of the judgment of this Court. The claim of the petitioner was rejected by respondent No.3 on 28.12.2004 on the ground that he was adjusted as peon in the year 1984. Therefore, in the year 1985 neither he was working as Chowkidar nor his post was designated as Security Guard as per Notification dated 12.3.1985. The post of Security Guard is a Class III post and post of Peon is a Class IV post. Learned Additional Advocate General, Punjab has argued that the petitioner was working as peon. Initially, the petitioner was appointed as Chowkidar on 13.11.1979. The petitioner made an application dated 2.7.1984 to the Divisional Manger, Punjab C.W.P.No. 3505 of 2009 3 Roadways Ferozepur and in the said application, he demanded that he should be appointed on the post of a peon from the post of Chowkidar and on the basis of the request made by the petitioner, the authority concerned designated the petitioner as peon in the identical pay scale. He has not disputed that vide Annexure P-3 dated 13.8.1993, the petitioner was again designated as Chowkidar. While disposing of Writ Petition No.12861 of 1998, a Division Bench of this Court had considered this aspect that the long drawn experience as Chowkidar/Security Guard will in addition make them better qualified than a raw hand having the qualification of matric and having an experience of five years as Sepoy. The action of the State Government to keep them at the lower pay scale was rejected on the ground that chowkidar was performing the same duty which on designated as Chowkidar till the qualifications of a Security Guard, was enforced w.e.f. 30.1.1986. In the case of Security Guards, the appointment to the post was by direct appointment and the qualification prescribed was matric with at least five years experience as Chowkidar. Writ petition was allowed. The petitioners were held entitled to the pay scale of Rs.400-600 w.e.f. 1.3.1985 to 31.12.1985 and Rs.950-1800 w.e.f. 1.1.1986 However, the payment of the arrears was restricted to three years and two months preceding the filing of this petition. The present writ petition is allowed in terms of the judgment passed in Tirlok Singh's case (supra) passed by this Court. The petitioner shall be entitled to the pay scale of Rs.400-600 w.e.f. 1.3.1985 to 31.12.1985 and Rs.950-1800 w.e.f. 1.1.1986 C.W.P.No. 3505 of 2009 4 However, the payment of arrears shall be restricted to three years and two months preceding the filing of this petition which shall be payable within three months of the receipt of a certified copy of this judgment. 14.07.2011 (RITU BAHRI) Anoop JUDGE