Punjab-Haryana High Court
State Of Punjab And Others vs Tarsem Singh And Others on 1 April, 2013
Bench: A.K.Sikri, Rakesh Kumar Jain
LPA No.2280 of 2011 (O&M) [1]
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No.2280 of 2011 (O&M)
Date of Decision:01.04.2013
State of Punjab and others ...Appellants
Vs.
Tarsem Singh and others ...Respondents
CORAM: Hon'ble Mr. Justice A.K.Sikri, Chief Justice
Hon'ble Mr. Justice Rakesh Kumar Jain
Present: Mr. J.S.Puri, Addl. A.G., Punjab.
Ms. Alka Chatrath, Advocate,
for the respondents.
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Rakesh Kumar Jain, J.
This appeal is directed against the order of the learned Single Judge dated 05.08.2011 by which prayer made by the respondents for granting them pay scale of `450-800 w.e.f. 01.01.1978, as recommended by the 2nd Pay Commission, and further grant them revised pension in view of the decision rendered by this Court in CWP No.4879 of 1987 decided on 26.09.2008, has been allowed.
The grievance of the respondents, in their writ petition, was that they have been given wrong pay scale of `400-660 at the time of their appointment as Investigators in the year 1987 which should have LPA No.2280 of 2011 (O&M) [2] ***** been `450-800, which deserves to be revised accordingly in terms of the recommendations of the 3rd Pay Commission.
Learned counsel for the appellants has submitted that the learned Single Judge has erred in relying upon the judgment dated 26.09.2008 passed in CWP No.4879 of 1987 as the facts of that case and the present case are altogether different because the petitioners in CWP No.4879 of 1987 were working as Field Assistant Grade-II in the Department of Punjab Economics and Statistical Organization. The 2nd Pay Commission recommended the pay scale of `450-800 for their category, however, the State Government accepted the recommendations of the 2nd Pay Commission, but while implementing the pay scale in respect of Field Assistant Grade-II, fixed their pay scale in the pay scale of `400-660/-. The grievance of the petitioners in CWP No.4879 of 1987 was, thus, that their pay scale was reduced from `450-800 to `400-660. The learned Single Judge, vide his order dated 26.09.2008 allowed the CWP No.4879 of 1987 holding that the recommendations of the Pay Commission are only recommendatory in nature and the State Government has the option to accept it or not to accept, but once the State Government decides to accept the Pay Commission recommendations, it becomes obligatory upon the State Government to implement the same and in any case, the Implementation Committee has no powers to alter the pay scales.
It is further submitted that there were 3 posts in the Department of Punjab Economic and Statistical Organization, namely, Field Assistant Grade-I, Field Assistant Grade-II and Computers in the pay scales LPA No.2280 of 2011 (O&M) [3] ***** of `480-800, `450-800 & `400-600 respectively till these posts were merged in the post of Investigator vide letter dated 21.11.1986 w.e.f. 12.09.1986. It is further submitted that the respondents were appointed as Investigators in the year 1987, to be more precise, as shown in the following table:-
Sr. Name Date of joining Pay Scale
No. as Investigators (In Rs.)
1 Sh. Tarsem Singh 27.11.1987 400-660
2 Sh. Surjit Singh 28.10.1987 400-660
3 Sh. Bhajan Singh 09/12/88 400-660
4 Sh. Davinder Singh 23.10.1987 400-660
5 Sh. Jatinder Kaur 17.11.1987 400-660
The 3rd Pay Commission, vide notification dated 06.06.1994, gave its recommendations whereby following pay scales were given to the writ petitioners/respondents who were Investigators at the time of appointment:-
Sr. Name of the post Existing scale Revised scale No. in rupees in rupees 1 Director 1775-2300/- 3700-5300/-
2 Joint Director 1775-2100/- 3000-4500/- 3 Technical Assistant 700-1200/- 1800-3200/- 4 Statistical Assistant 570-1080/- 1640-2325/-
5 Investigator 400-660/- 950-1800/- (with
a start of
Rs.1000/-
6 Artist-cum-Draftsman 620-1200 1800-3200/-
7 Draftsman 570-1080 1800-3200/-
After the Pay Commission gave its report, vide a notification dated 06.06.1994 and 01.09.2000 by further Planning Branch of Government of Punjab, the following scales were given to the writ petitioners/respondents, who LPA No.2280 of 2011 (O&M) [4] ***** were Investigators at the time of appointment:-
Sr. No. Name of Revised Remarks
the post scale w.e.f.
1.1.1986
1 Investigat i) Rs.950- Basic entry. This scale is
or 1800 (with an to be given the total
initial start of number of posts in the
`1,000/- cadre- the minus the posts
which are to be placed in
the pay scale of `1200-
2130 and `1500-2700 as
specified in item No.2 & 3
ii) Rs.1200- This scale is to be given to
2130/- about 40% of the total
number of posts of the
investigators in the cadre
after a minimum period of
5 years of regular service
as Investigator in the
cadre.
iii) Rs.1500- This scale is to be given
2700/- upto 40% of the total
number of posts of
Investigators in a cadre
after a minimum period of
10 years of regular service
as Investigator in the
cadre.
It is argued that the respondents were appointed in the year 1987 as Investigator and hence the recommendations of 3rd Pay Commission were applicable to them and not of the 2nd Pay Commission which were applicable to the post of Field Assistant Grade-II which has been merged in the post of Investigator w.e.f. 12.09.1986.
On the other hand, learned counsel for the respondents has submitted that though the respondents were appointed in the year 1987 on the post of Investigators in the pay scale of `400-660, but at that time the pay scales of 2nd Pay Commission were applicable. The Government of Punjab, Department of Finance, vide letter dated 09.09.1988, framed the LPA No.2280 of 2011 (O&M) [5] ***** Punjab Civil Service (Revised) Pay Rules, 1988 which came into effect w.e.f. 01.01.1986 and as per Schedule `A' attached with the Rules, the scale of skilled and semi-skilled staff were revised as under:-
Sr. Post Present Revised Remarks
No. Scale in Scale in
Rupees Rupees
1 All posts in the 400-600 & 950-25- To be
existing scale 400-660 1200-30- designated
mentioned in 1560-40- as Junior
column 3 1800 Technician
2 All posts in the 450-700 & 1025-25- Technician existing scale 480-700 1200-30- Grade IV mentioned in 1560-40-
Column 3 1800
3 All posts in the 450-800, 1200-30- To be
existing scale 510-880, 1560-40- designated
mentioned in 510-800 & 2000-50- as Technician
Column 3 525-825 2100 Grade III
It is contended that as per 3rd Pay Commission, the category of `400-660 were given the pay scale of `950-1200-1800 as per fitment table, whereas the post of Field Assistant Grade-II, which was specifically re-designated as Investigator, were being paid the pay scale of `450-800 which was revised to `1200-2100 as per the 3rd Pay Commission. Thus, the respondents are entitled to the pay scale of `1200-2100 as per the fitment table. Learned counsel for the respondents has heavily relied upon the judgment passed by this Court in the case of Swatantar Kumar and others v. State of Punjab and others, CWP No.4879 of 1987, decided on 26.09.2008.
We have heard learned counsel for the parties and perused the record.
There is no dispute that there were 3 posts in the Department LPA No.2280 of 2011 (O&M) [6] ***** of Punjab Economic and Statistical Organization, namely, Field Assistant Grade-I, Field Assistant Grade-II and Computers carrying the pay scales of `480-800, `450-800 & `400-600 respectively till these posts were merged in the post of Investigator vide letter dated 21.11.1986 w.e.f. 12.09.1986. Insofar as the order in CWP No.4879 of 1987 is concerned, in that case, the petitioners were working as Field Assistant Grade-II for which the pay scale of `450-800 was recommended by the 2nd Pay Commission. However, despite accepting the recommendations of the 2nd Pay Commission, the Implementing Committee reduced their pay scale from `450-800 to `400-660. In that background, the said writ petition was allowed holding that the recommendations of the Pay Commission are only recommendatory in nature and the State Government has the option to accept it or not to accept, but once the State Government decides to accept the Pay Commission recommendations, it becomes obligatory upon the State Government to implement the same and the Implementation Committee has no authority to alter the pay scales on its own.
The question in this case is as to whether the said order dated 26.09.2008 passed in CWP No.4879 of 1987 is applicable to the facts of the present case or not, because in the present case, before appointment of the petitioners as Investigators in the year 1987, by virtue of notification dated 21.11.1986, all these three posts of Field Assistant Grade-I, Field Assistant Grade-II and Computers were merged in one post, namely, Investigator, w.e.f. 12.09.1986. It is not in dispute that the respondents were appointed as Investigators in the year 1987 and were placed in the LPA No.2280 of 2011 (O&M) [7] ***** pay scale of `400-660 when the 3rd Pay Commission's recommendations were accepted and made applicable revising the pay scale of `400-660 to `950-1800 (with initial start of `1000/-), whereas the respondents were admittedly not appointed as Field Assistant Grade-II and were not drawing the pay scale of `450-800 at the time when the 3rd Pay Commission's recommendations were made applicable, rather they were appointed as Investigators which post was carrying the pay scale of `400-660. Had it been a case where the respondents have been appointed as Field Assistant Grade-II, like the case of the petitioners in CWP No.4879 of 1987, then perhaps the matter would have been different but here in the present case, once the respondents were appointed in the year 1987 on the post of Investigators which carried the pay scale of `400-660, which is further revised as `950-1800 (with an initial start of `1000/-) in view of the 3rd Pay Commission recommendations w.e.f. 01.01.1986, it cannot be held illegal or anomalous in order to give the benefit to the respondents of the pay scale of `1200-2100, as claimed by them.
In view of the aforesaid discussion, we have found a patent error in the order of the learned Single Judge in this regard and as such, the present appeal is allowed and the impugned order is hereby set aside.
(A.K.Sikri) (Rakesh Kumar Jain)
Chief Justice Judge
April , 2013
vinod*
LPA No.2280 of 2011 (O&M) [8]
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COURT ROOM NO.1
LPA No.2280 of 2011 (O&M)
State of Punjab and others ...Appellants
Vs.
Tarsem Singh and others ...Respondents
CORAM: Hon'ble Mr. Justice A.K.Sikri, Chief Justice
Hon'ble Mr. Justice Rakesh Kumar Jain
RESERVED JUDGMENT
through Hon'ble Mr. Justice Rakesh Kumar Jain VINOD*