CWP NO.3308 OF 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: 5 .2.2009 B.K.Sharma and others ..Petitioners Versus The Punjab State Cooperative Supply & Marketing Federation Limited, Chandigarh & Anr. ..Respondents CORUM HON’BLE MR.JUSTICE PERMOD KOHLI Present: Mr.R.K.Arora, Advocate for the petitioner Mr.Ashwani Prashar, Advocate for respondents PERMOD KOHLI,J. (ORAL) The petitioners are working on the post of Operators etc. in the Markfed Modern Rice Mill, Rajpura. They possess the qualification of matric with ITI in their respective trades. All of them have retired. Petitioners no.1, 2 and 3 retired on 31.12.2002, 31.7.2001 and 31.3.1995, respectively. They are claiming parity of pay scales with the Store Keepers working in the Markfed on the ground that prior to 1.1.1978, the petitioners were in the higher pay scale than the Store Keepers. However, in subsequent pay revision, the Store Keepers have been given higher pay scales, but the petitioners have been denied the similar relief. Earlier the petitioners filed CWP No.5074 of 2007 which came to be disposed of vide order dated 3.4.2007 (Annexure P-11) asking the respondents to take CWP NO.3308 OF 2008 2 cognizance of legal notice and decide the same. Consequent upon the aforesaid direction, the respondents have passed the impugned order dated 27.7.2007 (Annexure P-12) whereby the claim of the petitioner has been rejected. It has been noticed that prior to 1.1.1978, the Store Keepers were in the pay scale starting from Rs.110/- and the same was revised to Rs.140- 300. They were posted as Clerks with common seniority for promotion. On their promotion to various posts like Store Keepers, Godown Keepers, Purchase Assistants, Excise Assistants, Accounts Assistants and Assistants etc., they were granted pay scale of Rs.525-825 w.e.f. 1.1.78 and Rs.1200- 2100 w.e.f. 1.1.1986. It is further mentioned that the pay scale of Establishment Assistant was revised to Rs.570-1080 w.e.f. 1.1.1978 as the claim was raised for the similar scale as of Assistants who are also promoted from the category of Clerks. This was pursuant to the judgment passed in CWP No.5298 of 1986 and CWP No.15790 of 1989. The decisions were also upheld in LPAs and the pay scale of Store Keepers was revised to Rs.570-1080 w.e.f. 1.1.1978 and to Rs.1500-2640 w.e.f. 1.1.1986. According to respondents, the petitioners were appointed as Fitters, Operators and Boiler Attendants etc. They were never promoted to any higher post as they were not having a common seniority amongst cadre. The parity between the pay scale of the petitioners and the Store Keeper has been denied. There is another reason to refuse the relief claimed by the petitioners. The petitioners retired between 1995 to 2002. The first writ petition projecting alleged anomaly was filed in the year 2007 i.e. between five to twelve years from their retirement. While in service, they never projected this grievance. Though earlier writ petition was disposed of with CWP NO.3308 OF 2008 3 a direction to consider legal notice, the fact remains that there has been considerable delay in approaching this Court. The pay scales were revised in the years 1978 and 1986. This petition has been filed after decades. No relief can be granted. In view of the above, I find no merit in this petition which is accordingly dismissed. (PERMOD KOHLI) JUDGE 5.2.2009 MFK NOTE: Whether to be referred to Reporter or not:NO