CWP No.1151 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CWP No.1151 of 2009 Date of decision : 24.1.2011 Dharampal ........Petitioner Vs. State of Punjab and others .........Respondents CORAM : HON'BLE MR. JUSTICE PERMOD KOHLI Present:- Mr.Vivek Suri, Advocate, for the petitioner Ms.Charu Tuli, Senior DAG, Punjab Mr.Ishwar Lal, Advocate, for respondent No.4 --- PERMOD KOHLI, J (Oral) : The petitioner was appointed as a Medical Laboratory Technician Grade-II on 8.7.1968 and was promoted as Medical Lab Technician Grade-I on 18.3.1976. He retired on 30.9.2002 from the said post by seeking voluntary retirement. Pay scales of various categories of Punjab Government Employees were revised w.e.f. 1.1.1986. There was anomaly between the pay scales of the promotional post and the feeding post. Post of Multi Purpose Workers/Basic Health Workers was feeding post for promotion as Laboratory Assistant Grade-II. It is stated that pay scale of Multi Purpose Workers/Basic Health Workers were revised to Rs.950-1800 and 50% Multi Purpose Workers were placed in selection grade as Rs.1350-2400, whereas pay scale of promotional post of Laboratory Technician Grade-II was Rs.950-1800 with start of Rs.1000/-. Pay scale of feeding post being higher than the promotional posts, this led to filing of various writ petitions by the employees in this Court. Initially direction was issued to grant the higher pay scale to the promotional posts than the feeding post of Multi Purpose Health Workers. Despite direction issued in CWP No.13425 of 1995 and other connected matters, the pay scales though enhanced but still the feeding channel had higher pay scale that led to filing of some contempt petitions and finally the pay scales of the promotional posts were enhanced to Rs.5800-9200 CWP No.1151 of 2009 -2- w.e.f. 1.1.1986. The petitioner is seeking the benefit of the higher pay scale on the basis of various directions issued by this Court in number of writ petitions. The petitioner has relied upon judgment dated 3.4.2002 passed in CWP No.1409 of 1990 and number of other petitions including Annexures P-2 and P-8. The petitioner made a representation seeking the benefit of the revised pay scale w.e.f. 1.1.1986. The representation of the petitioner has been rejected vide the impugned letter dated 12.2.2008 (Annexure P-10). It is under these circumstances, this petition has been filed. In so far as the factual background is concerned, it is not in dispute. Another ground raised by the respondents to deny the claim of the petitioner is that this petition has been filed after a long delay. The petitioner retired in 2002 and this petition has been filed in the year 2009. From the Annexure P-10 it appears that representation of the petitioner was rejected in the year 2008 i.e. on 12.2.2008 whereas this petition has been filed in January 2009. This is not a case where the claim of the petitioner is to be rejected only on the ground of delay. As far as the right of the petitioner to pay scale of Rs.5800-9200 is concerned, similarly situated persons i.e. Medical Laboratory Technician Grade- II were placed in this pay scale w.e.f. 1.1.1996. Thus, the petitioner is entitled to the benefit of the aforesaid pay scale. However, the petitioner shall not be entitled to any arrears of pay though the last pay drawn by the petitioner shall be fixed by giving him the notional benefits of the pay scale of Rs.5800-9200 w.e.f. 1.1.1996 and retiral benefits may be fixed accordingly. Let the retiral benefits be re-determined and released to the petitioner within four months. Petition is disposed of. (PERMOD KOHLI) JUDGE 24.1.2011 akm