- (1.)The State of Punjab has preferred these appeals against the Judgments and orders of the Punjab and Haryana High Court by which the respondents were held to be entitled to the pay-scale of Rs. 1800-3200 with effect from 1.1. 1986, which scale was made admissible earlier to the Assistants working in Class A and class B offices.
(2.)The petitioners before the High Court, who are respondents in these appeals, form a category of officials consisting of Art-cum- lattering Expert, Production Artist, Art Assistant, Layout Artist, Painting Artist and Artist- cum-Photographer. According to a chart furnished by the learned counsel for the State, it is evident that the scale of pay of these officials working under different designations indicated above, had been in the pay scale of Rs. 250- 550/ -. Later on with effect from 1.1. 1978, the Production Artists and Painting Artists were placed in the pay-scale of Rs. 570-1080/- whereas the remaining four posts were placed in the pay-scale of Rs. 620-1200/ -. In the Third punjab Pay Commission Report they were all placed in one scale, namely, Rs. 1500-26407 - with effect from 1.1. 1986.
(3.)As against the above, the case of the respondents before the High Court was that the Assistants working in Class A and Class B offices have also been in the pay-scale of Rs. 600-1120/- and Rs. 570-1080. They had also been recommended the pay scale of Rs. 1500- 2640/- by the Pay Commission. But later on, the State Government by notification issued on June 15, 1990, made the pay-scale of Rs. 1800-3200/- admissible to the aforesaid Assistants but the same treatment was not meted out to the respondents by the Government though the Third Punjab Pay Commission had recommended one pay-scale for both. From the chart furnished by the learned counsel for the State of Punjab it appears that in 1968 when the scale of pay of Artist-cum-Photogra- phers etc. had been in the scale of Rs. 250- 5507- the Assistants had been in the pay-scale of Rs. 160-400/ -. Later on they were brought in almost equal pay-scales, namely, Rs. 600- 11207- and Rs. 570-1080/ -. In the Third Punjab Pay Commission, however, they had been recommended the pay-scale of Rs. 1500- 26407- like the respondents. The High Court considering the above position and relying upon a decision of the same High Court in the case of Haryana State Biologists Association vs. State of Haryana and Anr. [1994 (2) PLR 3891, holding that once the parity in the pay-scales of two cadres of employees is granted the same cannot be withdrawn or disturbed depriving one class or category of the same pay. The High court thus found that a conscious decision was taken and the respondents who were petitioners in the High Court could not be deprived of the scale of pay of Rs. 1800-3200/- which was made admissible to the Assistants who were also recommended the same scale of pay by the Third Punjab Pay Commission as for the respondents.