CWP No.7651 of 1987 [1] In the High Court of Punjab and Haryana at Chandigarh Date of decision:11.11.2008 Didar Singh (deceased) and others ... Petitioners Versus The State of Punjab and others ... Respondents Present: Mr.Samrath Sagar, Advocate, for the petitioners. Mr.S.S.Sahu, A.A.G., Punjab, for the respondents. PERMOD KOHLI, J. (ORAL): The petitioners, named in this petition, joined as Panchayat Secretaries in Panchayat Samitis in the year 1974, under “A Half-Million Job Scheme”, started by the State of Punjab. They were initially appointed in various Panchayat Samitis and during the pendency of this petition, petitioner No.1 Didar Sigh died. At the time of their engagement,they were in the pay scale of Rs.110-180/-. Their services were regulated under the Punjab Panchayat Samitis and Zila Parishads Service Rules, 1965. Under these rules, the petitioners were the employees of the Panchayat Samitis. In the year 1976, vide notification dated 07.06.1976, the State-respondents constituted a District Cadre for the panchayat samitis employees and accordingly all the petitioners,though working in different panchayat samitis, were borne on the district cadre of Hoshiarpur. The pay scale of the members of the service was revised vide notification dated 03.05.1978 from Rs.110-180/- to Rs.110-250/- with 20% posts of the Panahcyat CWP No.7651 of 1987 [2] Secretaries carrying selection grade of Rs.140-300/-. The revised pay scale was made effective from 01.05.1978. In the year 1979, new service rules were made by the State-respondents known as Punjab Panchayat Secretaries (Recruitment and Conditions of Service) Rules, 1979. These rules were made effective with effect from 03.02.1979 and the petitioners were brought under the purview of the aforesaid rules. Vide another notification dated 09.07.1980, the State of Punjab revised the pay scales of Panchayat Secretaries and they were placed in two different pay scales i.e. Rs.400- 600/- and Rs.510-800/-. The cadre strength of the posts of the Panchayat Secretaries was divided in the ratio of 50:50. On the basis of the aforesaid notification, 50% of the cadre strength was placed in the higher pay scale of Rs.510-800/- and 50% strength was placed on the lower pay scale. The seniority list of the Panchayat Secretaries was notified whereunder the petitioners were placed at Serial Nos.60, 58, 61, 62, 63, 65, 66 and 68 respectively. The total strength of the cadre of the service at the relevant time was 154. It is accordingly contended that the petitioners fall in the first 50 per cent of the cadre strength and, thus, they were entitled to senior scale of Rs.510-800/- with effect from 01.01.1978 as per revised pay rules. In the year 1982, the District Cadre of Panchayat Secretaries was merged in State Cadre. While consolidating the State Cadre, the petitioners were ignored and some of the Panchayat Secretaries were awarded senior scale. The petitioners made various representations to the respondents and one of such representations of the petitioners was recommended by the District Development and Panchayat Officer for grant of senior scale vide Annexure P-11/1. Despite the recommendations of the representation of the CWP No.7651 of 1987 [3] petitioners, the respondents have failed to redress their grievance. The short claim of the petitioners is that they are entitled to higher pay scale being within first 50 per cent cadre strength of the service on the basis of the notification dated 09.07.1980 (Annexure P-4). No reply has been filed to this petition. I have heard the learned counsel for the parties at length. Mr.Sahu, learned counsel appearing for the respondents, however, states that objections were invited with regard to the seniority position, but no objections were filed by the petitioners. Hence, they are not entitled to any relief. In the absence of reply filed, the factual averments made in the petition have to be accepted. The petitioners have placed on record copies of the notification dated 09.07.1980 (Annexure P-4) which clearly provide for grant of higher pay scale for 50 per cent of the cadre posts and on the basis of the averments made in the petition, the petitioners fall within first 50 per cent of the cadre strength and thus, were entitled to be placed in the higher pay scale of Rs.510-800/- with effect from 01.01.1978. Their case was also recommended by the District Development and Panchayat Officer, Hoshiarpur, vide his recommendation dated 19.12.1985. This recommendation has not been considered till date. In this view of the matter, this petition is disposed of with a direction to the respondents to place the petitioners in the higher pay scale of Rs.510-800/- with effect from 01.01.1978 and grant them all consequential benefits within a period of four months from the date a CWP No.7651 of 1987 [4] certified copy of this order is made available to the competent authority. No costs. 11.11.2008 (PERMOD KOHLI) BLS JUDGE Note: Whether to be referred to the Reporter? YES/ NO