Ravinder Pal Singh vs State of Punjab and Others

Tejinder Singh Dhindsa, J.—The petitioner was appointed as a Sanitary Inspector under the Forest & Wildlife Protection Department, Punjab in the year 1997 in pursuance to a selection conducted by the Subordinate Services Selection Board, Punjab. The petitioner joined in Zoological Park, Chhat Bir on 29.10.1997 and is working as such till date. The claim in the present writ petition is for grant of pay parity on the analogy that the Sanitary Inspectors working with the Municipal Councils/Corporations in the State of Punjab are enjoying a higher pay scale. Still further, reliance is placed upon the judgment dated 6.3.2009 passed by this Court in CWP No. 625 of 1997 and connected writ petitions, whereby the Sanitary Inspectors working under the Health Department, State of Punjab had been held entitled to the same pay scale as admissible to Sanitary Inspectors working with the Municipal Councils/Corporations.

Learned counsel for the petitioner has been heard at length.

It is by now well settled that grant of pay scales, equation of posts etc. are all matters relating to policy decision and would fall within the domain of the Executive. While granting parity on the doctrine of "Equal Pay for Equal Work" a number of factors would have to be taken into account in the nature of duties and responsibilities, qualifications, mode of recruitment etc. As has been held by Hon''ble Supreme Court in case of State of Haryana and Others Vs. Charanjit Singh and Others, etc. etc., the issue as regards granting pay parity and applicability of principle of "Equal Pay for Equal Work" must be left to be evaluated and determined by the expert body and these are not the matters where a Writ Court can interfere lightly.

Learned counsel for the petitioner would submit that a recommendation for grant of pay scale equivalent to the Sanitary Inspectors working in the Municipal Councils/Corporations has already been made in favour of the petitioner by the Principal Chief Conservator, Forests Punjab, Chandigarh and has been duly forwarded to the Financial Commissioner, Forests & Wildlife Protection Department, Punjab Govt. vide letter dated 5.6.2009, placed on record at Annexure P-3.

In the light of the facts noticed herein above, I deem it appropriate to dispose of the present writ petition with a direction to respondent no. 2 to look into the claim of the petitioner and to take a final decision on the legal notice dated 25.2.2012 (Annexure P-5) strictly in accordance with law and by passing a speaking order within a period of six months from the date of receipt of a certified copy of this order.

Suffice it to observe that while taking a final view in the matter, respondent no. 2 shall also take into account the recommendations made by the Principal Chief Conservator, Forests, Punjab, Chandigarh as contained in letter dated 5.6.2009 (Annexure P-3). Petition disposed of.