Ujjagar Singh vs State of Punjab

Sabina, J.—Petitioners have filed this petition claiming that their pay be notionally fixed with effect from 1.4.1976 and 1.1.1978 in the approved pay scale with effect from 1.1.1986.

Learned counsel for the petitioners has submitted that the petitioners had been granted revised pay scale with effect from 1.1.1986 and have been paid the due arrears in this regard. However, the petitioners were entitled to revised pay scale with effect from 1.4.1976 and 1.1.1978.

Learned counsel for the respondents, on the other hand, has submitted that the petitioners had been granted the revised pay scale with effect from 1.1.1986. However, due to financial constraints, petitioners had not been allowed the pay scale claimed by them with effect from 1.4.1976 and 1.1.1978.

Controversy involved in the present case is limited to the extent as to whether the petitioners are entitled to notional pay fixation benefits with effect from 1.4.1976 and 1.1.1978 while placing them in the approved pay scale with effect from 1.1.1986.

The case of the petitioners, in brief, is that the petitioners joined the respondent-University as Junior Scientific Assistant/Senior Lab Assistant in the pay scale of Rs. 140-300. Petitioners took up the matter of clubbing of various categories of Technical/Laboratory staff with the respondent-University and demanded scale on the pattern of other Universities in the State of Punjab. Respondent University accepted the matter regarding the clubbing of different categories on 26.2.1985. Vide Annexure P3, it was agreed that the grades/selection grades of the identical posts should be at par with ones in Punjabi University, Patiala. Notification, Annexure P4, was issued on 29.11.1986 whereby pay scale of technical posts of the University were revised with effect from 1.4.1976 and 1.1.978 and their clubbing/categorization into T-9 to T2 was approved. Petitioners were placed in the pay scale of Rs. 150-450 and Rs. 510-940, whereas, they should have been placed in the pay scale of Rs. 200-500 and Rs. 600-1120 with 20% selection grade of Rs. 620-1100 and Rs. 750-1300 with effect from 1.4.1976 and 1.1.1978 respectively. Petitioners again represented to the University and they had been placed in category T5 instead of T6 with effect from 1.1.1986 and were liable to be placed in the scale of Rs. 200-500 with effect from 1.4.1976 and Rs. 600-1120 with effect from 1.1.1978. Vide Annexure P14, the grant of notional pay fixation to the petitioner was declined.

Paras 10 and 13 of the written statement read as under:-

That the averments made in paras 10 are wrong and denied. For the said clubbing the Finance Committee, the respondent/University at its 90th meeting held on 10.9.1987 constituted Sub Committee consisting of 3 senior members of the Govt./University to examine the proposal for clubbing of various categories of employees and revision of their grades. The Committee constituted:-

The Sub Committee discussed the matter in detail and recommended that the clubbing of technical employees of the respondent/University should be made in the following 9 categories:-

The committee recommended that the technical posts in the respondent/University to be split upto into two statements i) Statement showing technical posts existing in the respondent/University ii) Statement showing the identical/similar post in the respondent/University.

The first statement comprised of 86 categories of posts. The pay scale of the post of Junior Scientific Assistant/Senior Laboratory Assistant/Senior Lecturer Table Assistant/JSA (Engineering) appeared at Sr. NO. 25 were proposed as below:-

Proposed pay scale

The Board of Management the highest Statutory Authority of the respondent University, approved the revision of pay scales of technical posts provided in budget of the respondent University w.e.f. 1.4.76 and 1.1.78 and their clubbing/ categorizing into T-9 to T-2 categories placing the post of Junior Scientific Assistant/Sr. Laboratory Assistant under Technical Lab. (T-6) Category in the pay scale of Rs. 150-450 w.e.f. 1.4.76 and Rs. 510-940 w.e.f. 1.1.78. These scales have been granted by the Competent Authority of the respondent University and thus the claim of the petitioners for the grant of pay scale of Rs. 200-500 and Rs. 600-1120 with 20% selection grade of Rs. 620-1100 and Rs. 750-1300 w.e.f. 1.4.76 and 1.1.78 respectively is not made out.

The statement showing identical/similar post in Punjabi University as appended herewith as Annexure R1.

The post of Junior Scientific Assistant/Laboratory Assistant have been placed under Technician Lab, which is clear from appendix Annexure P2 attached herewith.

That in reply to para 13 it is stated that the agenda item to revise the pay scale of the post of the Senior Laboratory Assistant/Junior Scientific Assistant/Senior Lecture Table Assistant was placed before the Finance Committee at its 98th meeting held on 12.12.1989 and it recommended to the board as under:-

The Finance Committee discussed the matter at length and recommended to the Board of Management to grant the pay scale of Rs. 1500-30-1560-40-2000-50-2400-60-2640 with effect from 1.1.1986 to the Senior Laboratory Assistant/Junior Scientific Assistant/Senior Lecture Table Assistants on the same terms & conditions as contained in notification No. CAU-B (I)-FC/89/19522 dated 16.6.1989.

The Board of Management accepted the recommendations of the Finance Committee and decided to grant pay scale of Rs. 1500-30-1560-40-2000-50-2400-60-2640 w.e.f. 1.1.1986 to the Senior Laboratory Assistants/Junior Scientific Assistants/Senior Lecture Table Assistants on the same terms and conditions as contained in notification No. CAU-B(I)-96/89/19522 dated 16.6.1989.

According to the above decision of the Board of Management, the petitioner were granted the pay scale of Rs. 1500-2640 w.e.f. 1.1.1986 and were placed in category Technician Lab. T-5.

In the present case, petitioners, on clubbing/categorization, were placed under Technician Lab T-5 category. The fact that the petitioners were placed in category Technician Lab T-5 is admitted by the respondent-University in its written statement and is also evident from Annexure P10. As per para 13 of the written statement, it is evident that the petitioners were granted pay scale of Rs. 1500-2640 with effect from 1.1.1986 as they were placed in category Technician Lab. T-5. Since the petitioners have been granted pay scale admissible to category Technician Lab T-5, petitioners were liable to be granted notional revised pay scale of Rs. 200-500 and Rs. 600-1120 with effect from 1.4.1976 and 1.1.978, respectively, as was admissible to the category Technician Lab T-5. There is no justification in not allowing the petitioners notional pay scale with effect from 1.1.1976 and 1.1.1978 as admissible to the categories of Technician Lab T-5

Accordingly, this petition is allowed. Respondents are directed to grant the notional pay fixation benefit to the petitioners of Rs. 200-500 and Rs. 600-1120 from 1.4.1976 and 1.1.1978, respectively, as has been granted to the employees forming category Technician (Engg.) T-5.