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Punjab-Haryana High Court
Ranjit Kaur @ Ranjeet Kaur And Others vs State Of Punjab And Others on 2 May, 2024
Neutral Citation No:=2024:PHHC:061766
WP-7078-2021 and
C 2024:PHHC:060861
CWP-6000-2022 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
247+264
WP-7078-2021 (O&M)
C
Date of decision: 02.05.2024
Jatinder Singh and others
....Petitioners
Versus
State of Punjab and others
...Respondents
CWP-6000-2022 Ranjit Kaur @ Ranjeet Kaur and others ....Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present : Mr. R.K. Arya, Advocate for the petitioners. Mr. Satnam Preet Singh, DAG, Punjab. ***** AMAN CHAUDHARY. J (Oral) 1. These cases involve similar issues and therefore, are being disposed of together by this common judgment. 2. The prayer made in the present petitions is for directing the respondents to rectify the anomaly in the pay scale of the petitioners viz-a-viz the Clerks/Restorers working in the establishment of the Civil Secretariat,Punjab,ChandigarhandPunjabandHaryanaHighCourtasalso pay the arrears of revised pay including conveyance allowance alongwith special pay w.e.f. 01.12.2011. 3. Learned counsel would submit that the petitionersareworking at the post ofRestorers,whichwasinthesamepayscalei.e.Rs.3120-5160 w.e.f. 01.01.1996, with Clerks. As per the recommendations of 5th Punjab 1 of 4 ::: Downloaded on - 07-05-2024 00:52:07 ::: Neutral Citation No:=2024:PHHC:061766 WP-7078-2021 and C 2024:PHHC:060861 CWP-6000-2022 -2- Pay Commission, both these category of posts were again placed in the similarpaybandofRs.5910-20200+Rs.1900/-GradePayandtheemployees workingintheofficeoftheAdvocateGeneral,Punjabwereextendedthepay scales as were for Clerks/Restorers working in the establishment of Civil Secretariat, Punjab. The Service Rules applicable to the letter govern the service of the petitioners as well. The grievance of the petitioners in the present lis is that the pay scale of Clerks have been revised twice over, however,notthatofRestorers. Hesubmitsthattheclaimofthepetitionersis squarely covered by the judgment in the case ofGurbirSinghandothers vs. Punjab and Haryana High Court and another, CWP-488-2015, decidedon16.01.2015,AnnexureP-8,whereinRestorersofthisCourtwere allowedtherevisionofpayscales,therebyrestoringthestatusquoanteason 01.01.2006 and the monetarybenefitsincludingdifferenceofarrearsofpay accruingtherefromwerecalculatedandpaidtothepetitionersandnon-party holders within two months, whereby the Committee of Hon'ble Judgeshad accepted their grievances as genuine, which stood approvedbyHon'blethe Chief Justice in exercise of powers vested in him under Article 229 of the Constitution. The terms and conditions ofservicewereheldtobegoverned by thesaiddecisions,whichisbindingontheStategovernment.Thereafter, in CWP-18466-2014, Anuj Kumar Sharma and another vs. State of Punjab,preferredbytheRestorersworkingintheCivilSecretariat,Punjab, this Court disposed of the same directing Finance Department or the Pay Anomaly Committee, to decide the claim in terms of GurbirSingh(supra), vide judgment dated 26.04.2017, relevant para whereof reads thus:- " 9. The Finance Department by Instructions dated 23.05.2012 has issued a direction that 'only those proposals for revision of payscaleofemployeesistobe submitted to finance Department in which the anomaly 2 of 4 ::: Downloaded on - 07-05-2024 00:52:08 ::: Neutral Citation No:=2024:PHHC:061766 WP-7078-2021 and C 2024:PHHC:060861 CWP-6000-2022 -3- h asarisenasaconsequenceofre-revisionofpayscaleof a post on the recommendations of the Cabinet Sub-Committee whereby the pay scale of promotional post has become lower than the pay scale of the feeder post'.Theinstantcaseisafitcasetobeplacedbeforethe Finance Department or before the Pay Anomaly Committee for consideration of removal of the pay anomalythathasbeencreated.Thepetitionershereinare Telephone Attendantswhowereinthesamepayscaleas Clerks, Constables, Photostat Machine Operators etc. A post of a Clerk can be filled up by promotion from Restorers who has the necessary qualification and at serialNo.19theonlysourceofrecruitmenttothepostof Telephones Attendant is by promotion from the post of Restorers.Therefore,apersonbeingpromotedtoahigher post cannot under any circumstances be in a lower pay scale. 1 0.Inviewoftheabovesituation,whereananomalyhas arisen in the pay scale of the petitioners being higher in postthantheRestorers,whilegettingalowerpayscale,it is directed that this matter be placed before the Finance Department in view of their own Instructions dated 23.05.2012 for consideration of removalofpayanomaly of the petitioners herein while keeping the judgment rendered in Gurbir Singh's case (supra) in mind where Restorers pay scale has been brought on par with Clerks. 1 1. Let this matter be considered by the Finance Department/or the Pay Anomaly Committee in its true perspectivewithinaperiodoffourmonthsonreceiptofa certified copy of this order. Needless to say in case the claimofthepetitionersisbeingrejected,aspeakingorder bepassedinthisregard,whichthepetitionerswouldbeat liberty to challenge. In case claim of the petitioners has merit, the monetary benefits including difference of arrearsofpayaccruingtherefrombecalculatedandpaid to the petitioners within 2 months thereafter." 4. Being covered by the judgment in the case of Anuj Kumar Sharma (supra), this Court disposed of CWP-4456-2016, Kanta Kumari andothersvs.StateofPunjabandothers,intermsthereof, videjudgment dated 24.05.2018, Annexure P-9. 5. Learned State counsel despite his best efforts, has beenunable to controvertthefactualpositionanddrawoutanydistinctiveaspectsinthe aforementioned judgments or cite any contrary law. 3 of 4 ::: Downloaded on - 07-05-2024 00:52:08 ::: Neutral Citation No:=2024:PHHC:061766 WP-7078-2021 and C 2024:PHHC:060861 CWP-6000-2022 -4- 6. In view of the aforesaid, the present petition is disposed of in terms of the judgment passed inAnuj Kumar Sharma(supra). 7. A photocopy of this order be placed on the file of connected case. (AMAN CHAUDHARY) JUDGE 0 2.05.2024 Hemant hether speaking/reasoned W : es / No Y Whether reportable : Yes / No 4 of 4 ::: Downloaded on - 07-05-2024 00:52:08 :::