N.K. Sodhi, J. - (1.) THIS order will dispose of two writ petitions 5012 of 1996 and 391 of 1997 both of which were ordered to be heard together as common questions of law and fact arise in them.
(2.) PETITIONERS are working as Clerks and Senior Clerks in the Education Department and are posted in different schools in the State of Punjab. Prior to the recommendations of the Third Pay Commission, 50% of the Clerks in the State were in the pay scale of Rs. 400 -600 and the remaining 50% had been designated as Senior Clerks and were given the pay scale of Rs. 510 -800. On the recommendations of the Third Pay Commission, the Punjab Government revised the pay scales of its employees including those of the Clerks and promulgated the Punjab Civil Services (Revised Pay) Rules, 1988 (for short the Rules) which came into force with effect from 1.1.1986. The then existing scale of Rs. 400 -600 was revised to Rs. 950 -1800 while the scale of Rs. 510 -800 was revised to Rs. 1200 -2100 in the ratio of 50:50 of the posts in the cadre. The representatives of the Clerks Association in the State had been representing to the Government to give them better scales of pay and it seems that the Government accepted the representations and issued a notification on 15.6.1990 amending the Rules. By this amendment the Government divided the cadre of Clerks in each Department into three parts in the ratio of 20:40:40 and the basic entry scale for the Clerks was Rs. 950 -1800 with an initial start of Rs. 1000/ -. This scale was allowed for the total number of posts in the cadre minus the posts which had been placed in the scale of Rs. 1200 -2100 (40%) and Rs. 1500 -2640 (40%). The basic qualifications for recruitment as a Clerk were prescribed as Matric with second class or 10+2. The scale of Rs. 1200 -2100 was allowed to 40% of the posts of Clerks who had completed 5 years service in the cadre and the incumbents were designated as Senior Clerks. The scale of Rs. 1500 -2640 was allowed to the remaining 40% of the total number of posts of Clerks in the cadre after a minimum period of 10 years of service taken together as Clerk and Senior Clerk in the cadre and the incumbents were designated as Junior Assistants. It is this designation of Clerks, Senior Clerks and Junior Assistants which is now under challenge in these writ petitions filed under Article 226 of the Constitution. In response to the notice of motion, the respondents have filed their reply. It is admitted that by notification dated 15.6.1990 the Rules were amended and the Clerks in each Department were divided into three parts in the ratio of 20:40:40. It is further submitted that the pay scales of Rs. 1200 -2100 and Rs. 1500 -2640 are allowed to those incumbents who compete 5 years and 10 years of service in the cadre provided they fall in the ratio of 20:40:40 on the basis of their seniority. The three tier grade for the Clerks is sought to be justified on the ground that it will remove stagnation within the cadre of Clerks and provide to them a channel of promotion with a better scale of pay.
(3.) WHAT is contended by the learned counsel for the petitioners is that the classification of Clerks into three groups only on the basis of seniority is arbitrary, discriminatory and violative of the equality clause enshrined in Article 14 of the Constitution. The argument indeed is that each group performs the same work and discharges the same functions and duties and, therefore, the basis of the classification has no nexus with the object sought to be achieved and is, thus, violative of the principle of 'equal pay for equal work'. Reliance in this regard is placed on a judgment of the Supreme Court in P. Savita and others v. Union of India and others,, 1985(3) SLR 29. Another grievance voiced by the petitioners is that some of them have even completed 5 years and 10 years of service as Clerks/Senior Clerks and yet they have not been given the higher scale of pay.;