Punjab-Haryana High Court
Lakhvir Singh And Others vs Union Of India And Others on 23 July, 2010
CWP No.2527 of 2010(O&M) -
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARAYANA AT CHANDIGARH
CWP No.2527 of 2010(O&M)
Date of Decision: July 23, 2010
Lakhvir Singh and others
....Petitioners
Versus
Union of India and others
....Respondents
CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA
Present: Mr. Parminder Singh, Advocate
for the petitioners.
Mr. Vikram Bajaj, Advocate
for the respondents
VINOD K. SHARMA, J. (ORAL)
C.M. No.9528-29 of 2010 Civil Misc. Applications are allowed. Written statement is taken on record.
CWP No.2527 of 2010 This writ petition has been filed under Articles 226/227 of the Constitution of India by the petitioners seeking issuance of writ, order or directions for quashing the instructions dated 11.02.2009, passed in pursuance to recommendations by the respondent authorities (Annexure P3) vide which the diploma holders have been placed in pay Band-2 of Rs.9300- 34800/- along with a grade pay of Rs.4200/-, whereas ITI qualified persons promoted to Superintendent E.M.2 through Departmental Promotion CWP No.2527 of 2010(O&M) -
Committee i.e. petitioners have been placed in Pay Band-1 of Rs.5200- 20200/- with grade Pay of Rs.2800/-.
Petitioners claim that grant of two pay-scales to the members of the same cadre, performing same duties, is nothing but arbitrary and discriminatory. The different pay scale to the employees in same cadre on the basis of source of their employment, cannot be sustained, as it violates Articles 14 and 16 of the Constitution of India. Notice of the writ petition was issued. Written statement has been filed on behalf of respondents No.1 to 5, wherein in preliminary submissions it is averred as under:
"1. That aggrieved with the 6th CPC pay structure in leaving the Non-Diploma Superintendent EM-II in the revised pay of Rs.5200-20200 in pay band 1 with grade pay of Rs.2800 whereas their counterpart Diploma holders Superintendent EM-II have been fixed in a higher/revised pay structure of Rs.9300-34800 in pay Band 2 along with grade pay of Rs.4200/- with effect from 01.01.2006, the Supdt. Em-II of Western Base Workshop submitted an application for removing the anomaly in the difference of pay between Supdt. EM-II Diploma and fix the later structure in the pay Band 2 in view of the same charter of duties performed by them.
2. That finding merits in their grievances, Commander Western Base Workshop at unit level forwarded their application along with Statement of case to HQ CE (P) Sampark vide Western Base Workshop letter No.402/6th CPCP/83/Estt. dated 29th July, 2009 for their further course of action.
CWP No.2527 of 2010(O&M) -
3. That as per the direction of Ministry of Personnel, Public Grievances and Pensions, Board of Officers has been detailed vide HQ Director General Boarder Roads (DGBR) to look into the anomalies/grievances of BRO personnel on implementation of 6th CPC recommendations. Accordingly, HQ CE (P) Sampark forwarded the application of the affected Non-Diploma Supdt. EM-II to HQ DGBR for placing their cases before the Anomaly Committee vide their letter No.13002/6th CPC/100/E ID dated 08.08.2009. However, unable to wait the decision of the Govt. towards the recommendations of the Anomaly Committee, the following Supdt. EM-IIs namely : (1) Lakhvir Singh, (2) Shib Dayal Saini, (3) Kartar Singh, (4) Joginder Pal Singh, (5) Ajit Kumar, (6) Gurdev Singh, (7) Mohinder Pal, (8) Sunil Kumar, (9) Paras Ram, (10) S.S. Sharma, (11) Kewal Singh, (12) Dhanpat Rai, (13) Gurdeep Singh, (14) Ajit Singh, (15) Hardev Singh, (16) Gurdeep Singh and (17) Prem Chand have jointly filed CWP NO.2527/2010 before the Hon'ble Punjab and Haryana High Court, Chandigarh for issuance appropriate order for equating the petitions pay scale with Diploma holders.
Therefore, non-granting of higher pay scale to Non- Diploma Supdt. EM-II in pay band 2 at per with Diploma Supdt. EM-II in BRO was arisen due to non recommendation by 6th Central Pay Commission, categorically. Thus, in view of above submission the CWP No.2527 of 2010(O&M) -
present writ petition is pre-mature at this stage and is liable to be dismissed as such.
In view of the stand taken by the respondents in their written statement, referred to above, this petition is dismissed as pre-mature. The respondents are however directed to expedite the decision on the recommendations made, for removing the anomalies. The respondents are directed to pass detailed speaking order within 6 months, from the date of receipt of certified copy of this order.
23.07.2010 (VINOD K. SHARMA) vcgarg JUDGE