M.L. Singhal, J. - (1.) THROUGH this Civil Writ Petition No. 11290 of 1998 filed under Articles 226/227 of the Constitution of India against the State of Punjab and others, Lakhwinder Singh and others, petitioners have prayed for the issuance of writ in the nature of certiorari, mandamus or any other appropriate writ, order or direction thereby directing the respondents to release regular pay scale to the petitioners in accordance with the judgment of the Hon'ble Supreme Court, Annexure P -8, Civil Appeal No. 4942 of 1997 (arising out of S.L.P. (C) No. 1502 of 1997), State of Punjab and Ors. appellants v. Devinder Singh and Ors. respondents as also in accordance with the judgment dated 18.3.1998 of this Court. Annexure P -9, C.W.P. No. 7238 of 1995 Inderjit Singh and Ors. petitioners v. State of Punjab and Ors. respondents.
(2.) LAKHWINDER Singh and others, petitioners are working as Pump Operators in the P.W.D. Public Health Department. It of the State of Punjab for the last 12 -13 years on daily wage basis. 63 workers of the Public Health Department of the State of Punjab filed Civil Writ Petition No. 5479 of 1987, Lakhwinder Singh and 62 others v. State of Punjab and Ors., whereby they had claimed mainly two reliefs i.e. regularisation of their services and regular pay scale which is being given to the regular counterparts on the principle of "equal pay for equal work". Other prayers were also made in the writ petition. This writ petition was admitted and remained pending for about 8 years. In this writ petition, Lakhwinder Singh etc, who are petitioners eight in number were also petitioners in C. W.P. No. 5479 of 1987 (supra), in which it was clearly mentioned that the petitioners were performing the same duties with the same responsibilities as those of the regular counterparts. This position was admitted in the written statement by the respondents. Vide order Annexure P -1 dated 6.12.1995, the said writ petition was decided by the Hon'ble Bench. Hon'ble Bench dwelt on the said two reliefs as follows : - "The petitioners who have completed more than 5 years of service shall be regularised in service in accordance with the decision of the Hon'ble Supreme Court in State of Haryana v. Piara Singh,, 1992 (3) SCT 201 :, 1992 SLJ 215 and instructions issued by the Government in this behalf. Regarding grant of regular pay scale with regard to equal pay for equal work, learned counsel for the petitioners prays that the writ petition be dismissed as withdrawn with permission to the petitioners to ask for the said relief from the respondent authorities by filing representation and in case the same is not granted, the petitioners be granted permission to file the writ petition on the same cause of action. This prayer is not opposed by the learned Assistant Advocate General, Punjab. The petitioners were permitted to withdraw the relief with regard to equal pay for equal work from the present writ petition and reagitate the matter in the manner as made out from the statement of the learned counsel for the petitioners. If any such representation is made, it is directed that the same shall be decided within a period of three months by passing a speaking order." The petitioners of C.W.P. No. 5479 of 1987 thereafter filed detailed representation, Annexure P -2 before the authorities. In that representation, they pointed out that they were performing the same duties with the same responsibilities as are being performed by their regular counterparts working on corresponding posts. It was also mentioned that their duties were 8 hours a day as Pump Operators. There are three shifts and the petitioners relieved the regular counterparts in shifts. The duties of the petitioners were inter - changed with the regular counterparts, which also suggests the fact that they performed the same duties with the same responsibilities while working as Pump Operators. It was also mentioned in the representation, Annexure P -2 that the respondents had admitted this position when they filed written statement in C.W.P. No. 5479 of 1987. Other details were also given in the representation. Order dated 6.12.1995 passed in the writ petition No. 5479 of 1987 was also alluded to in the representation. It was also mentioned that they had been working for the last 12 years, 9 years and so on. It as also mentioned that as per the decision of the Hon'ble Supreme Court in Piara Singh v. State of Punjab (supra), if a person is allowed to work against a particular post for 3 years, it means that the post is permanent and has to continue for all times to come. The authorities were thus requested for the release of regular pay scale of 400 -600 prior to 1.1.1986 and 950 -1800 with a basic start of Rs. 1000/ - plus allowances from 1.1.1986 onwards in respect of class III posts, more precisely for the post of Pump Operators. Other prayers were also made. No decision was being taken on their representation and appropriate relief was not being granted to them and therefore, Lakhwinder Singh and others who were writ petitioners in C.W.P. No. 5479 of 1987 served legal notice dated 26.5.1996, Annexure P -3 on the State of Punjab requesting that the orders of the Hon'ble Bench passed on 6.12.1995 in C.W.P. No. 5479 of 1987 be complied with, viz. their services be regularised and also to release regular pay scale to them on the principle of equal pay for equal work.
(3.) DEVINDER Singh and others who were similarly situated and employed in the Public Health Department of the State of Punjab, in which they are working, filed C.W.P. No. 14591 of 1995, Devinder Singh and Ors. v. State of Punjab and Ors. in this Court, in which they inter alia prayed for the release of regular pay scale together with allowances as are being allowed to the regular counterparts. This writ petition was allowed by a Division Bench of this Court vide order Annexure P -4 dated 20.3.1996, the operative portion of which reads as follows : - "Under the circumstances, the writ petition is allowed with a direction to the respondents to pay to the petitioners the same salary and allowances as are being paid to the regular employees holding similar posts. The petitioners are held entitled to the payment of difference of the pay scale for a period of last three years from the date of the filing of the writ petition.";