Kulwinder Singh And Others v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No.1521 of 2023 (O&M) Date of Decision: 13.09.2024 Kulwinder Singh and others .....Appellants.

Versus

State of Punjab and others .....Respondents LPA No.1524 of 2023 (O&M) Jarnail Singh and others .....Appellants.

Versus

State of Punjab and others .....Respondents LPA No.1529 of 2023 (O&M) Balwinderjit and another .....Appellants.

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State of Punjab and others .....Respondents LPA No.1530 of 2023 (O&M) Gurinderpal Singh and others .....Appellants.

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State of Punjab and others .....Respondents LPA No.1532 of 2023 (O&M) Charanjeet Singh and others .....Appellants.

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State of Punjab and others .....Respondents

-2CORAM: HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE SUKHVINDER KAUR.

Present:

Mr. Amrik Singh, Advocate for the appellants.

Mr. R.S. Pandher, Sr. DAG, Punjab.

LISA GILL , J (ORAL) All the abovesaid five LPAs are taken up together for adjudication and decision at request and with consent of learned counsel for parties. Prayer in these appeals is for setting aside common order dated 05.07.2023 passed by learned Single Bench while deciding CWP Nos.27104, 27852, 27638, 28632, 29817 of 2018. Grievance raised by appellants/writ petitioners in all these petitions was regarding anomaly qua their grades of pay. It is stated that writ petitioners/appellants are entitled to parity of pay with identical categories of posts in different Departments of Government of Punjab, who are stated to be drawing higher pay. Writ petitioners in CWP Nos.27104 and 27852 of 2018 serving as Dairy Development Officers, claim parity of pay with Agriculture Development Officers in Department of Agriculture and in CWP No.

27638 of 2018, petitioners working as Dairy Development Inspector Grade-II, claim parity of pay with Veterinary Inspectors, Food Inspectors and Staff Nurses working in different departments of Punjab. In CWP No.28632 of 2018, petitioners working as Deputy Director Dairy, claim parity of pay with Chief Agriculture Officer working in the Department of Agriculture, Punjab and in CWP No.

-3in their pay scale viz-a-viz other similarly situated Group-C category of ministerial staff/operational staff/revenue staff of Punjab Government. 3.

The case as put forth by writ petitioners was that upto the period of 3rd Pay Commission, pay scale of Diary Development Inspector Grade-I was at par with the Agriculture Development Officer. On implementation of 4th Pay Commission, different pay scales were recommended and released. After 5th Pay Commission, pay scale of category of writ petitioners as well as Agriculture Development Officer was made similar. However, Grade Pay of Rs.5,000/- was granted to Agriculture Development Officers, whereas Dairy Development Inspectors Grade-I were only granted Grade Pay of Rs.3800/-. Thereafter, grade pay of Agriculture Development Officer was enhanced from Rs.5000/- to Rs.5400/- whereas no such enhancement was granted in the category of Dairy Development Inspectors.

It was further asserted that representation sent by the Association of petitioners, submitted before the Chairman Pay Commission, Punjab, for re-designation as Assistant Dairy Development Officer was favourably recommended but no action was taken on such recommendation. Learned Single Bench took note of the stand of respondent-State as is detailed in para 9 of impugned order dated 05.07.2023. It was noted that matter was pending before the Pay Commission, hence it would not be appropriate for the Court to issue any directions. The writ petitions were dismissed. Aggrieved therefrom present appeals have been filed.

4.

It is brought to notice of this Court that issue as was raised in all the writ petitions is pending consideration before Anomaly Committee. Learned counsel for State informs that meeting of Anomaly Committee is

-4stated to be held on 20.09.2024.

5.

Learned counsel for appellants at this stage, submits that matter is unnecessarily hanging fire and no decision is being taken by Anomaly Committee.

6.

Keeping in view the facts and circumstances as above where the very issue in question is admittedly pending consideration for decision before Anomaly Committee, we do not find any ground to cause interference at this stage. However it is directed that final decision on this issue pending before Anomaly Committee be taken by the said Committee within a period of three months from the date of receipt of certified copy of this order. Needless to say, in case appellants are aggrieved of decision which may be taken by Anomaly Committee, they are at liberty to seek their remedies in accordance with law.

7.

All the five appeals are disposed of accordingly. 8.

Pending miscellaneous application(s), if any, stands disposed of accordingly.

( LISA GILL ) JUDGE (SUKHVINDER KAUR) 13.09.2024 JUDGE jyoti3 Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No