RAJINDER SINGH Vs. STATE OF PUNJAB
LAWS(P&H)-2001-11-134
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 05,2001

RAJINDER SINGH Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

- (1.) Heard. The petitioners have prayed for the issuance of writ in the nature of Mandamus directing the respondents to grant the petitioners pay scale of Rs. 1800-3200 with effect from 1.1.1986 as is being given to the Auditors working in various other departments of the Punjab Government such as Food and Supplies, Treasuries etc. and rather the respondents may be directed to fix the pay of the petitioners after granting the above pay scale with affect from 1.1.1986 and further the respondents be directed to release the arrears of pay to the petitioners alongwith interest at the rate of 18% per annum. The petitioners have averred that they are working as Auditors in the Punjab Printing and Stationary Department at Patiala. The petitioners were promoted as Junior Auditors with effect from 22.6.1984, 20.6.1983 and 4.4.1984, respectively. It is averred that the pay scale of Assistant/Accountants and Junior Auditors had been the same right from 1968. Even the first pay commission had equated the post/pay scale of Junior Auditors with the Assistants/Accountants etc. The qualification for the post of Junior Auditor is a degree from a recognised University. The First Pay Commission recommended the pay scale of Rs. 160-400 to the Junior Auditors. The State Government accepted the pay scale recommended by the Pay Commission and granted the same pay scale to its employees. However, the Second Pay Commission kept the Junior Auditors, Accountants, Assistant Accountants, Accounts Clerks etc. in category No. 8. The observations of the Punjab Pay Commission 1977-79 as given in chapter 12 para 12.54 are as under :- "12.54. In respect of these posts the heads of the departments have supplied information which shows that there are more than 2000 posts in various departments with the designation of Junior Auditor, Accountants, Assistants, Head Clerk-cum-Accountant, Accountant-cum-Store Keeper, Accountant-cum-Cashier and Assistant Accounts. All these posts are in the pay scale of Rs. 160-400 with the exception of 35 posts of Accountants in the Food and Supplies Department which are in the scale of Rs. 160-450. These posts have been sanctioned for each department separately for the purpose of auditing and maintenance of Stores and Cash. In some departments the posts of Assistants in the scale of Rs. 160-400 have also been made inter-changeable with these posts. In view of the different designations assigned to these functionaries, it is necessary to rationalise this category on the basis of the duties performed by these officials in different department, we would suggest for them two designations namely Accounts Assistants, where their job involves maintenance of accounts and Auditors, where the work involved is to audit the accounts. In future only these designations should be used for the existing incumbents and the new recruits. Presently these posts are in the same scale as B class Assistants. Keeping in view the revised scale recommended for those Assistants and the Auditors in all departments should be placed in the revised scale of Rs. 570-15-600/20-660/20-700-25-800/25-850-30-1000-40-1080."
(2.) The Government accepted the recommendations of the Pay Commission and granted the pay scale of Rs. 570-1080 to the Junior Auditors as well as to the Assistants and other similarly situated employees with effect from 1.1.1978.
(3.) The third pay commission vide para 25.15 recommended that all such cadres in the pay scale of Rs. 570-1080 should be given the scale recommended as under:- "25.15. Employees performing the duties of Assistant or almost similar duties have been given to different designations viz. Accountant, Assistant-cum- Accountant, Accounts Assistant etc., in different departments. All such cadres who are in the scale of Rs. 570-1080 should be given the scale recommended by us for the category of Assistant. Government may however, consider rationalisation of their designations also since the employees working on these posts are inter-changeable. In this connection a generic designation of Assistant is proposed to be adopted.";


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.