IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH L.P.A.No.890 of 2002 in CWP.NO.3998 of 1996 DATE OF ORDER: 22.4.2008 State of Punjab and Others ....Petitioner(s) through Shri Chetan Mittal, Addl.A.G. Punjab, for appellants Versus Rajinder Singh & Others .....Respondent(s) through Sh. Manu K Bhandari, Advocate for LRs of respondent No.1. CORAM: HON'BLE MR. JUSTICE VIJENDER JAIN,CHIEF JUSTICE HON'BLE MR. JUSTICE JASWANT SINGH .*.*. 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? VIJENDER JAIN, CHIEF JUSTICE, J Present Letters Patent Appeal has been filed by the appellants- State of Punjab against the impugned judgment dated 5.11.2001 passed by the learned Single Judge, vide which CWP No.3998 of 1996 filed by the respondents herein was allowed and they were held entitled to the relief as per directions issued by the Division Bench of this Court vide its judgment dated 31.10.1991 passed in CWP No.7807 of 1991 (Annexure P.4), i.e grant of pay scale of Rs.1800-3200/- w.e.f 1.1.1986. Broadly, the facts are that the respondents herein, who were Junior Auditors, redesignated as Auditors of Printing and Stationery Department of State of Punjab filed CWP No.3998 of 1996 against the present appellant-State of Punjab, interalia, praying that a direction be issued to the State of Punjab to grant them the pay scale of Rs.1800-3200/- with effect from 1.1.1986 as has been given to Assistants, Accountants, Assistant-cum-Accountants and the other Junior Auditors redesignated as L.P.A.No.890 of 2002 in #2# CWP.NO.3998 of 1996 Auditors, working in various other Departments of the Punjab Government such as Food and Supplies, Treasuries etc. It was further prayed that the respondents be directed to fix their pay after granting the aforesaid pay scale with effect from 1.1.1986 and to release the arrears of pay along with interest at the rate of 8% per annum. The ground, on which their claim was based, was that the pay scale as that of Assistants/Accountants/Assistant- cum-Accountant and other Junior Auditors working in all departments of the Punjab Government had been the same with effect from 1968. The first pay commission equated the post of Junior Auditors with the Assistants- Accountants etc and recommended them equivalent pay scale of Rs.160- 400/-, which was accepted by the Government. The Government also accepted the recommendations of the second and third pay commissions and granted the equivalent pay scale of Rs.570-1080/- and Rs.1500-2640/- respectively to the Junior Auditors as well as Assistants/Accountants and other similar situated employees with effect from respective dates of enforcement of the recommendations of the said pay commissions. This parity of pay scales was maintained till the issuance of the notification dated 15.6.1990 (Annexure P.1) vide which the Punjab Civil Services (Revised Pay) Rules, 1988 were amended and the Assistants, Accountants, Assistants-cum-Accountants etc were granted revised pay scale of Rs.1800- 3200/- with effect from 1.1.1986 and further all these posts were redesignated as Senior Assistants. This benefit was, however, not extended to the Junior Auditors working in the various departments of the State of Punjab. It seems that on the representations made by Junior Auditors, notification dated 9.5.1991 (Annexure P.2) further amending the Punjab Civil Services (Revised Pay) Rules, 1988 was issued and the Junior Auditors, redesignated as Auditors, were also granted the pay scale of Rs.1800-3200/- with effect from 1.1.1986 but with a rider that they should have minimum five years of service as Junior Auditors on or after Ist January 1986. The petitioners pursuant to the notification dated 9.5.1991, vide orders dated 5.7.1991 (Annexure P.3) were redesignated as Auditors and granted the pay scale of Rs.1800-3200/- with effect from different dates i.e in the years 1988-1989 but not from 1.1.1986. It is apparent from the record that the Junior Auditors working L.P.A.No.890 of 2002 in #3# CWP.NO.3998 of 1996 in the other departments in the State of Punjab filed CWP No.7807 of 1991 titled Hardaljit Singh v. State of Punjab challenging the clause of five years of service in the notification dated 9.5.1991 and the said writ petition was allowed vide judgment dated 31.10.1991 (Annexure P.4). Similarly, Junior Auditors working in the Food and Supplies Department and Treasury Department of State of Punjab filed CWP No.1467 of 1991 titled R.S. Bhullar and others v. State of Punjab and others and CWP No.8307 of 1991 titled Naval Kishore Pathak and others v. State of Punjab respectively. Both the writ petitions were allowed in view of the Division Bench Judgment of this Court dated 31.10.1991 (Annexure P.4). The matter attained finality up to the Hon'ble Supreme Court of India when the SLPs against the same were dismissed. Thereafter, the Finance Department of Punjab Government issued general instructions dated 14.9.1995 (Annexure P.16) conveying that the decision of the courts have become applicable to all the posts of Junior Auditors. Despite the finality of the issue, the petitioners were denied the benefit of grant of pay scale w.e.f 1.1.1986 and hence the writ petition bearing CWP No.3998 of 1996 was filed and the learned Single Judge allowed the same holding that the matter is squarely covered by Division Bench Judgment dated 31.10.1991 (Annexure P.4), which has been upheld up to the Hon'ble Supreme Court. The contention of learned Additional Advocate General, Punjab in the present appeal is that in CWP No.7807 of 1991, titled Hardaljit Singh v. State of Punjab, the pay scale of Rs.1800-3200/- was granted because the cadre and seniority of the Junior Auditors/Superintendents/Assistants was/is the same whereas in the Printing and Stationery Department, the seniority of Assistants/Junior Auditors is not common as per Printing and Stationery Department (Class III), Ministerial Rules, 1964 and further that the prescribed educational qualification and duties and responsibilities of the Junior Auditors in the Printing and Stationery Department are different from that of Junior Auditors working in the other departments, who have been granted pay scale of Rs.1800-3200/- with effect from 1.1.1986 in pursuance of the court orders. On the other hand, the counsel for the respondents has argued that the Junior Auditors, redesignated as Auditors, have been granted the L.P.A.No.890 of 2002 in #4# CWP.NO.3998 of 1996 said relief in almost all departments of State of Punjab and the matter has been settled up to the Hon'ble Supreme Court of India and therefore, denial of the similar relief to the respondents is highly unjust and arbitrary. We have heard learned counsel for the parties. We find the arguments raised by the appellants to be totally devoid of any substance. The pleadings in the present Letters Patent Appeal or in the written statement filed by them before the learned Single Judge show that no ground had been set up by the State of Punjab that there was any dis-similarity regarding educational qualification, duties and responsibilities, functions and powers of Junior Auditors, who were petitioners in CWP No.7807 of 1991 and the present respondents, therefore, by merely arguing that the judgment dated 31.10.1991 (Annexure P.4) is not applicable, is not sufficient. The appellants have not been able to substantiate that how the present case is not similar. It is apparent from the record that the pay scale of Rs.1800-3200/- with effect from 1.1.1986 was granted to all the employees in the various departments of Punjab Govt vide general pay revision by issuance of Rules framed under proviso to Article 309 of Constitution of India titled as Punjab Civil Services (Revised pay) Rules, 1988 and further amended vide notifications dated 15.6.1990 and 9.5.1991. Therefore, reference to the Departmental Recruitment Rules is wholly misplaced. This Hon'ble Court while considering notification dated 9.5.1991 (Annexure P.2), amending the Punjab Civil Services (Revised pay) Rules, 1988, had modified the same to the extent that Junior Auditors would be given the pay scale, which had been given to the Assistant-cum- Accountants i.e Rs.1800-3200/- with effect from 1.1.1986 and the relevant para is reproduced hereunder: “In view of the observations made above, Annexure P.7 dated 9.5.1991 is modified to the extent that Junior Auditors would be given the pay scale, which has been given to the Assistant-cum- Accountants in accordance with law.” This is a judgment in rem and the Government of Punjab recognized this aspect as is reflected in its instructions dated 14.9.1995 (Annexure P.16), which conveys that the decision in the matter has become applicable to all posts of Junior Auditors. L.P.A.No.890 of 2002 in #5# CWP.NO.3998 of 1996 In view of the above, we find no infirmity in the order of learned Single Judge and therefore, present LPA is dismissed with no order as to costs. (VIJENDER JAIN) CHIEF JUSTICE April 22, 2008 (JASWANT SINGH) manoj JUDGE