C.W.P. No.9561 of 1988 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.9561 of 1988 Date of Decision: 08.12.2008 Harnek Singh and others ..........Petitioners Versus State of Punjab and another ............Respondents. CORAM:HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. Amit Chopra, Advocate for the petitioners. Mr. S.S. Sahu, AAG, Punjab. PERMOD KOHLI J. (ORAL) ******** The short dispute that remains to be considered is the grant of equal pay to the petitioners who are working as Senior Instructors/Junior Lecturers at par with the Lecturers in the Education Department. The case of the petitioners is that after 01.02.1968, there were no posts of Junior Lecturers. The Lecturers were in the pay scale of Rs.250-550 and the petitioners were also in the same pay scale. The 2nd Pay Commission constituted for revision of pay scale of the Punjab Government employees. The recommendations of the 2nd Pay Commission were accepted by the Government and were made applicable w.e.f. 01.01.1978. The 2nd Pay Commission recommended the pay scale of Rs.700-1300 to the Lecturers (School Cadre) whereas the scale of Rs.570-1080 was recommended for the Senior Instructors/Junior Lecturers. The Implementing Committee granted pay scale of Rs.700-1300 to the Lecturers (School Cadre) whereas petitioners pay scale was recommended Rs.570-1080. The matter was referred to the Anomaly Committee and on the basis of recommendations of the Anomaly Committee pay scale of Rs.620-1200 was granted to the Senior Instructors whereas Junior Lecturers remained in the pay scale of Rs.570- C.W.P. No.9561 of 1988 -2- 1080 w.e.f. 01.01.1978. The 1st Pay Commission also equated the posts of Senior Instructors/Junior Lecturers with that of the Lecturers. Later on the School Lecturers were placed in the pay scale of Rs.700-1300 w.e.f. 01.01.1978 whereas the lower pay scale of Rs.620-1200 was granted to the Senior Instructors and Rs.570-1080 to the Junior Lecturers. The petitioners being Senior Instructors are claiming same pay scale as Lecturers. The 3rd Pay Commission was constituted and the 3rd Pay Commission recommended the pay scale of Rs.1500-2640 to the Senior Instructors/Junior Lecturers whereas pay scale of Rs.1800-3200 was recommended for the Lecturers (Schools). A writ petition came to be filed challenging the anomaly of pay scale wherein direction was issued to the respondents to pay the petitioners pay scale of Rs.1800-3200 w.e.f. 01.01.1986. A copy of judgment dated 28.11.1995 passed by a Division Bench of this Court is placed on record. In the meantime, the State Government also came out with a notification dated 13.05.1991 wherein the Senior Instructors and Junior Lecturers in the pay scale of Rs.570-1080 were placed in the pay scale of Rs.1640-2925 and Rs.1800-3200 to the extent of 50% of the posts in the cadre strength of the Instructors. Upon the amalgamation of the posts into one cadre, 50% of the posts to be designated as Instructors Grade II in the pay scale of Rs.1640- 2925 and 50% of the posts to be designated as Instructor Grade-I in the pay scale of Rs.1800-3200. The judgment dated 28.11.1995 was later implemented and pay scale of Rs.1800-3200 was granted to the petitioners and non-petitioners w.e.f. 01.01.1986 as is evident from the order/memo dated 20.03.1998. From the above, it appears that the anomaly between the pay scales of the Lecturers (Schools) in the Education Department and the petitioners who C.W.P. No.9561 of 1988 -3- were also Post-Graduates working as Instructors was removed w.e.f. 01.01.1986. They were also in the same pay scale prior to 01.01.1987. The only dispute relates to the period 01.01.1978 to 01.01.1986. In the reply filed, it is stated that the petitioners and the Lecturers in the Education Department were in different cadre of service, however, in para 25 it is stated that the anomaly in the pay scales of Senior Instructors was removed and they were allowed the pay scale of Rs.620-1200 instead of pay scale of Rs.570-1080 originally recommended by the 2nd Pay Commission. Thus the respondents also admitted the anomaly in the pay scale after the 2nd Pay Commission and anomaly stands removed. Since the anomaly itself is admitted, this petition is allowed and a direction is issued to the respondents to grant the pay scale of Rs.700-1300 to the petitioner w.e.f. 01.01.1978 to the next pay revision on 01.01.1986, if such benefit has not already been granted. The respondents will accordingly determine the arrears if any payable and pay the same within a period of four months from the date certified copy of this order is made available to the respondents. December 08, 2008 (PERMOD KOHLI) Pankaj* JUDGE