Civil Writ Petition No. 4071 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 4071 of 2011 Date of decision:-05.08.2011 Tarsem Singh and others ...Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mrs. Alka Chatrath, Advocate for the petitioners. Ms. Kavita Arora, AAG Punjab. RITU BAHRI J.(Oral) Petitioners are seeking a writ in the nature of mandamus directing the respondents to grant the pay-scale of Rs.450-800 as revised w.e.f. 01.1.1978 as recommended by the Second Pay Commission and further revision of pension. This Court while disposing of Writ Petition No.4879 of 1987 decided on 26.9.2008 (Annexure P-1) has examined the similar relief claimed by the petitioners working in the Department of Punjab, Economic and Statistical Organization that in the writ petition stand taken by the Government was that they had admitted the fixation of pay-scale of Rs.450-800 in the category of the petitioners, however, on the recommendations made by the 2nd Pay Commission, the Implementation Committee did not recommend the fixation and pay in Rs.450-800 and thus reduce the pay-scales. No valid reasons were indicated in as to why the Implementation Committee reduced the pay-scales of the petitioners. Discarding the Implementation Committee's report the writ petition was allowed and respondents were directed to grant pay-scales of Rs.450-800 Civil Writ Petition No. 4071 of 2011 -2- w.e.f. the date of recommendation of 2nd Pay Commission i.e. 01.01.1978. Counsel for the State, however, taken a plea that petitioners were appointed in the year 1987 and they were covered by the 3rd Pay Commission Report. This argument of the respondent does not disentitle the petitioners to the fixation of their pay-scales recommended by the 2nd Pay Commission as on the date of appointment their pay has been fixed in the grade of Rs.400-660, which was the scale applicable in the 2nd Pay Commission. They were given wrong pay-scales at the time of appointment in the year 1987. Their salary was fixed at Rs.400-660 whereas it should be Rs.450-800. In view of this writ petition is allowed and the respondents are directed to consider the claim of all the petitioners with consequential benefits in view of (Annexure P-1) by passing a speaking order within a period of four months from the date of receipt of certified copy of this order. August 05, 2011 ( RITU BAHRI ) Vijay Asija JUDGE