Mohan Singh and Another vs State of Punjab and Others

Ajay Tewari, J.—On 17th July, 2013 following orders were passed:-

In these petitions the petitioners who are junior Draftsman are claiming a higher pay-scale than the 1200-2100 granted to them pursuant to 3rd

Punjab Pay Commission. Learned counsel for the petitioner submits that the four main limbs of the arguments are as follows:-

i. Right from the time of 2nd Pay Commission the endeavour of the Commissions has been to reduce the number of pay-scales and that is why the

2nd Pay Commission recommended single scale for all technical employees having similar educational and technical qualifications.

ii. The 3rd Pay Commission had recommended the pay-scale of Rs. 950-1800 for junior Draftsman whose qualification was Matriculation at that

point of time when a junior Draftsman was eligible for promotion after three years of service. However, the Government increased the qualification

of junior Draftsman to Matric with 2 years diploma and increased period for attaining eligibility for promotion to Draftsman from 3 years to 12

years and increased the pay-scale to Rs. 1200-2100. For the post of Draftsman neither the qualification was increased nor was their essential

eligibility period (for promotion to the post of Head Draftsman) increased and their pay-scale was increased to Rs. 1800-3200/- from Rs. 1540-

2600/- as proposed by the commission.

iii. In reply to C.W.P. No. 10978 of 1993 the respondent had justified the grant of scale of Rs. 1200-2100/- to the petitioners on the analogy of

same pay-scale having been granted to Surveyors. As per learned counsel ultimately vide judgment and order dated 15th May, 2009 passed in

C.W.P. No. 13330 of 1998, this Court had granted the pay-scale of Rs. 1800-3200/- to the Surveyors while the petitioners in the present case

would be content if they were granted the pay scale next below Rs. 1800-3200/-.

iv. All other skilled persons in the employment of the employee who are in Class IV as opposed to the petitioners who are in Class III services

have been granted pay-scale of Rs. 1800-3200/- and they all have the same qualifications i.e. Matric with 2 years diploma.

Learned Deputy Advocate General, Punjab seeks short adjournment to consider these arguments and the judgment in Rajinder Pal Gautam vs.

State of Punjab 2008 (3) S.C.T. 753 which has been cited by the learned counsel for the petitioners.

Adjourned to 19th July, 2013.

Learned Deputy Advocate General, Punjab, has argued that the judgment passed in C.W.P. No. 13330 of 1998 as well as judgment of Rajinder

Pal Gautam (supra) case would not help the petitioners. However, she could not repel the argument No. iv (supra) except urging that the

employees referred to therein are from different Departments. In my opinion that would not constitute a complete answer. It is not denied that

those employees are from different Departments yet, as opposed petitioners who are Class III Government servants those employees are Class IV

Government servants. The essential qualifications for appointment to the post of petitioners and those employees are same viz. matriculation with 2

years diploma in the concerned trade and the petitioners are well as those employees are technically skilled craftsmen. In view of this overwhelming

similarity the distinction that they belonged to different departments would not hold water.

Learned counsel for the petitioners has again reiterated that the petitioners are not claiming the pay-scale of Rs. 1800-3200/- because that was

the pay-scale prescribed for the promotion post viz. Draftsman, but would be content with any scale higher than that of Rs. 1200-2100/- but

below Rs. 1800-3200/-. A perusal of the various pay-scales granted by the 3rd Pay Commission are as follows:-

Keeping in view the facts that the requirement for promotion to Draftsman is 12 years service as Junior Draftsman, in my considered opinion the

interest of justice would be best served if the respondent is directed to consider granting petitioners pay-scale of Rs. 1,500-2,640/- in place of Rs.

1200-2100/- granted to them. By this means the argument of learned Deputy Advocate General, Punjab regarding inapplicability of the equal pay

for equal work principal would also not be violated and, even though the petitioners will not be brought on par with Class-IV employees of other

departments, yet some amelioration in their lot would definitely be achieved. These petitions are disposed of in the above terms. It is made clear

that since the employees of the other Departments who may have sought parity along with petitioners have not approached this Court, hence this

judgment would not apply to any other class of similarly situated employees.

Let the necessary consideration be made within the period of 3 months from the date of receipt of certified copy of this order and in case the

respondents accept the logic of this judgment and take a favourable view of the claim made by the petitioners, the consequential benefits be

released to them within 6 months thereafter. Petition disposed of.