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3. Swaran Singh and others v. State of Punjab and others (Civil Writ Petition No.1283 of 1996 decided by a Division Bench of this Court on 7.1.1999);
4. Joginder Singh Saini and others v. State of Punjab and others, 1998(4) RSJ 585 and
5. Ajmer Singh v State of Haryana, Haryana 1995(1) SCT 307.

8. Per contra, Mr.BS Walia, learned Additional Advocate General, Punjab would state that the Commission had devised the General Conversion Table for revision of pay scales of all categories of Government employees including that of the petitioners who belong to the Education Department. Learned State counsel would refer to the categoric averments contained in para 3 of the written statement filed on behalf of the State and submit that such General Conversion Table was implemented vide Government notification dated 27.5.2009 w.e.f. 1.1.2006 for all Government employees. It is further submitted that the Commission had recommended upgraded scales of pay for certain categories of employees which were over and above the pay scales contained in the General Conversion Table. Stand of the State Government is that on account of the huge financial implications that were involved towards grant of such upgraded pay scales and the "tight financial position" of the State, the recommendations of the Commission were accepted at a CIVIL WRIT PETITION NO.4948 of 2012 /9/ subsequent stage in the light of circular dated 5.10.2011 and by making the upgraded scales of pay admissible purely on a prospective basis w.e.f. 1.10.2011. Learned State counsel would argue that such decision has been adopted on a uniform basis in respect of all such categories of employees for whom the Commission had recommended upgraded scales of pay over and above the General Conversion Table. There is a complete denial as regards the petitioners, or for that matter, any employee of the State Government having been discriminated against, with regard to the grant of the upgraded pay scales.

vii)To examine the issue of Fixed Medical Allowance/reimbursement of medical expenditure along with the aspect of other better alternatives/ possibilities such as Medical Insurance etc. in this regard."

14. Malik Sushama Rani Chapter 4 of the report submitted by the Commission CIVIL WRIT PETITION NO.4948 of 2012 /12/ 12/ deals with the recommendations of Pay Structure, Fixation and Age of Retirement. As per para 4.10, the revised basic pay of an employee is to consist of two components, one as Pay in the Pay Band and the other as Grade Pay attached to the post of an employee. Under para 4.12, the Commission recommended that the revised pay scales be implemented w.e.f. 1.1.2006. Para 4.14 provides a General Conversion Table i.e. a brief summary of the Pay Bands, the Grade Pay and grouping applicable to the corresponding unrevised pay scales of the employees. The Commission recommended the fixation of the pay in the revised pay scales of the existing employees as per the Fitment Tables given at the end of Chapter 4. Chapter 5 of the report contains recommendations on upgradation and change in designation. In para 5.1 of Chapter 5, the Commission takes note of the fact that it did not receive any representation/petition/memorandum from employees of certain Departments of the State i.e. Housing and Urban Development; Tourism; Defence Services Welfare; Local Government; Civil Aviation; Science, Technology, Environment and Non-conventional Energy; Parliamentary Affairs; Removal of Grievances; Non-resident Indian's Affairs; Programme Implementation and Architecture. Accordingly, the Commission recommended that the pay scales of the employees of the afore- noticed Departments would be determined as per the General Conversion/Fitment Tables furnished in Chapter 4. However, the request/demands of employees of other Departments were dealt with by the Commission and in the case of some Departments were even accepted to a certain extent. By way of instance, CIVIL WRIT PETITION NO.4948 of 2012 /13/ 13/ under para 5.13, the Commission recommended that the post of Joint Directors (Statistics) in the Directorate of Agriculture be upgraded from `10025-15100 to `13500-18600 at par with other Joint Directors. Likewise, it was also recommended that the Tubewell Boring staff and different categories within Group 'D', namely, Well Borer, Office Borer/Mate and Helper be merged and re-designated as Boring Mate in the unrevised pay scale of `2720- 4260 while the category of employees, such as Hamerman, Store Khilasi be merged and re-designated as Boring Helper in the unrevised pay scale of `2620-4140. Under the Department of Home Affairs and Justice, the Commission in para 5.24 recommended a higher grade for Director of the Forensic Laboratory and in the Police Force also, recommended upgraded pay scales for the post of Constables, Head Constables, Assistant Sub Inspectors, Sub Inspectors and Inspectors in the light of scales given by the Government of India. Under para 5.30 and 5.31, employees of Health and Family Welfare Department holding designation of Junior Analytical Assistant, Senior Analytical Assistant, Analyst, Deputy Public Analyst, Assistant Chemical Examiner, Deputy Chemical examiner, Public Analyst, Government Analyst apart from Nursing Staff were also recommended higher pay scales. Likewise, under para 5.64, the employees falling to the category of the petitioners under the Education Department were also recommended higher pay scale. A similar recommendation was made for employees of the Department of Medical Education and Research under para 5.69 and in the light thereof, the Director, Medical Education and CIVIL WRIT PETITION NO.4948 of 2012 /14/ 14/ Research, Principals of Government Medical Colleges and Teachers in Medical Education and Research were recommended parity in the pay scales with equivalent posts under Government of India. It would be pertinent to note at this stage that the recommendations of higher pay scales/upgraded pay scales as specifically noticed hereinabove were over and above the pay scales in the General Conversion/Fitment Tables furnished in Chapter 4 of the report.

26. It is on such broad and overly optimistic reasoning that the Commission has recommended 1.1.2006 as the date for implementation of the revised pay scales. Be that as it may, the final obiter as regards the financial resources available and financial implications resulting upon acceptance and implementation of the recommendations of the Commission would be the employer/State. In the reply, the State has in no uncertain terms referred to the huge financial implications upon grant of upgraded pay scales coupled with the grim financial health. It has been stated that an Implementation Committee was constituted by the Government to consider and implement the recommendations of the Commission and as such, a conscious decision was taken to grant the pay scales recommended as per General Conversion Table w.e.f. 1.1.2006 vide notification dated 27.5.2009. The pay scales recommended over and above the General Conversion Table in respect of certain categories of employees have been granted vide circular dated 5.10.2011 and CIVIL WRIT PETITION NO.4948 of 2012 /21/ 21/ made admissible w.e.f. 1.10.2011. The categoric plea is that the Government was not in a position to implement and grant such scales from a retrospective date i.e. 1.1.2006 as recommended by the Commission. In para 1 of the preliminary submissions contained in the reply, a sum of `6,23,02267/- (six crores, twenty three lacs, two thousand two hundred and sixty seven) has been quantified as the financial liability only as regards the petitioners in Civil Writ Petition No.4948 of 2012 if the upgraded pay scales were to be granted w.e.f. 1.1.2006. For that matter, in Chapter 11 of the report submitted by the Commission, the financial implications upon acceptance of the recommendations have been indicated and in para 11.4, the Commission itself has estimated that the arrears on account of salary increase for the period 1.1.2006 to 31.3.2009 would be `3450 crores. This is a staggering and humongous amount.

28. Before parting with the judgment, there is one aspect CIVIL WRIT PETITION NO.4948 of 2012 /22/ 22/ of the matter which would require intervention. In this bunch of petitions, it is noticed that in respect of certain categories of employees benefit of upgraded pay structure over and above the General Conversion Table has been made admissible w.e.f. 1.11.2011/1.12.2011. In the reply filed in Civil Writ Petition No.4948 of 2012, the stand of the State Government is unequivocal that the pay scales as per General Conversion Table devised by the Commission stand implemented vide Government notification dated 27.5.2009 w.e.f. 1.1.2006 for all Government employees. Further stand is that the upgraded scales of pay recommended by the Commission over and above the General Conversion Table have been made admissible w.e.f. 1.10.2011 on a uniform basis. The State Government would be held bound by such stand. Accordingly, it is directed that in respect of any such category of employees in this bunch of petitions wherein the upgraded pay scale had been recommended by the Commission over and above the General Conversion Table, the same shall be made admissible w.e.f. 1.10.2011 to ensure uniformity. The requisite corrective action/orders in this regard would be issued within a period of one month from the date of receipt of this order.