Gokal Chand Mital, J. - (1.) A member of the Haryana Superior Judicial Service has pointed out the anomaly and thereby hardship caused to him in the pay scale allowed to him with effect from 1st January, 1986 as a result of which his pay scale on promotion from Subordinate Judicial Service to Superior Judicial Service has been reduced from Rs. 4,100 - -5,300 to Rs. 3,200 - -4,700. This is challenged in this writ petition on the anvil of Articles 14 and 16 of the Constitution of India.
(2.) P .L. Goyal, as a member of the Haryana Subordinate Judicial Service, was drawing pay in the Selection Grade; of Rs. 4,100 - -5,300 with effect from 1st January, 1986. On 4th May, 1988, he was promoted as Additional District and Sessions Judge. On 3rd May, 1988, that is, as a member of the Subordinate Judicial Service, he was in the pay scale of Rs. 4,100 - -5,300 and his basic pay was Rs. 4,475 and inclusive of other allowances etc. his total pay was Rs. 4,980. On promotion to the Superior Judicial Service on 4th May, 1988, he was placed in the scale of Rs. 3,200 - -4,700 and his basic pay was fixed at Rs. 3,825. It is true that the difference in basic pay was protected as his 'personal pay', but the same was to be adjusted against the annual increments or till he was confirmed in the Superior Judicial Service, whichever was earlier. The decrease in the pay scale and the loss of annual increments is the basis of challenge in the writ petition.
(3.) EARLIER to the revision of pay scale made, on 1st January, 1986, the Selection Grade of Subordinate Judicial Service was less than the pay scale of Superior Judicial Service. The anomaly and discrimination in the pay scales occurred with effect from 1st January 1986, the date with effect from which the pay scales of Subordinate and Superior Judicial Services were revised. The pay scale of the member of the Superior Judicial Service was being equated with the senior scale of I.A.S. by virtue of Rule 13 of the Punjab Superior Judicial Service Rules, 1963 (hereinafter called the Rules), as applicable to the State, of Haryana and since the senior pay scale of I.A.S. happened to be lower than the Selection Grade of Subordinate Judicial Service in the State of Haryana, the Petitioner was placed in a lower time scale. The senior scale allowed to I.A.S. with effect from 1st January, 1986 is as under: (1) Grade of Rs. 3,200 - -4,700. (2) Grade of Rs. 3,950 - -5,000 (After 9 years of service). Rule 13(1) of the Rules is as under: 13(1) Pay of members of Service: The scale of pay of the members of the Service other than those placed in Selection Grades, shall be senior scale of the I.A.S. as allowed from time to time and their pay in the aforesaid scale shall be fixed in accordance with the rules and instructions that have been issued or may hereinafter issued by the Government of India with regard to fixation of pay in the senior scale of the Indian Administrative Service.;