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High Court of Punjab and HaryanaCWP/1791/2021disposed of

Baldev Singh And ORS v. State Of Punjab And Others

2021-01-27Ms. Justice Ritu Bahri2 pages

CWP-1791 of 2021

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-1791 of 2021 Date of decision 27.01.2021 Baldev Singh and others

...Petitioners

Vs.

State of Punjab and others

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. M.S. Uppal, Advocate for the petitioners.

*** Ritu Bahri, J. (Oral) Petitioners are seeking issuance of direction to the respondents to grant the same pay scales, as have been granted to their counter part working in Soil Conservation Department of State of Punjab on the basis of letter dated 13.01.1997 (P-4), in view of direction given by this Court, vide order dated 02.07.2014 in CWP No. 2605-1998 (P-6), which has been upheld by this Court in LPA No. 1991-2014 decided on 29.07.2019 wherein the petitioners were granted all consequential benefits i.e fixation of pay and revision of pension and allowances and to release the arrears of salary and pension etc.

Petitioners have qualified 03 years diploma in Civil Engineering and were appointed on different dates, as mentioned at page No. 9 of the paper book. The grievance of the petitioners before this Court is that Sectional Officers (Jr. Engineers) working in Public Works Department (B&R), Punjab were granted pay scale of Rs.200-450 with selection scale of Rs450-500 in the year 1968 in the Soil Conservation Department as well as in Public Works Department (B&R), Punjab . The GAURAV ARORA 2021.01.28 14:32 I attest to the accuracy and integrity of this document Chandigarh

CWP-1791 of 2021 pay scale of Sectional Officers (Jr. Engineers) was revised on 01.01.1978 as Rs.700-1200 with Selection Scale of Rs.800-1400 in Soil conservation Department as well as in Public Works Department (B&R), Punjab. Thereafter, the Third Pay Commission recommended the pay scale of Rs.1640-2925 for the post of Jr. Engineer w.e.f 01.01.1986. The State of Punjab, however, granted the pay scale of Rs.1800-3200 to al the Junior Engineers working in various departments of State Government w.e.f 01.01.1986. The Junior Engineers were also granted the pay scale of Rs.2200-3900 after 18 years of service.

The petitioners are now entitled for revision in the pay scale as S.O/J.E as Rs.2000-3500 from 01.01.1986 with 03 tier pay scale of Rs.2200-4000 from 01.01.1991, Rs.3000-4500 after 08 years of service and Rs.3700-5300 after 18 years of service, as has been granted to the Junior Engineers, working in Soil Conservation Department. In this regard, petitioners have given detail legal notice dated 28.08.2019 (P-10) but no action has been taken till date. Issue notice of motion.

On asking of the Court, Ms. Anju Sharma Kaushik, D.A.G, Punjab accepts notice on behalf of respondent Nos. 1 to 3-State. Without expressing any opinion on the merits of the case, the present petition stands disposed of by giving direction to the respondents to pass speaking order on the legal notice dated 28.08.2019 (P-10), within a period of three months, from the date of receipt of certified copy of this order.

(RITU BAHRI) 27.01.2021 JUDGE G Arora Whether speaking/reasoned : Yes/No Whether reportable : Yes/No GAURAV ARORA 2021.01.28 14:32 I attest to the accuracy and integrity of this document Chandigarh