- (1.) These two appeals LPA Nos. 351 and 660 of 2010 filed under Clause X of the Letters Patent by State of Punjab and its officers is directed against judgment dated 06.03.2009 rendered by the learned Single Judge holding that the writ petitioner-respondents are entitled to pay scale equivalent to the pay scales of Sanitary Inspectors working in the Local Self Government Department of the appellants-State. It is appropriate to mention that the writ petitioner-respondents have been working on the post of Sanitary Inspectors, Senior Sanitary Inspectors, Malaria Inspectors and Senior Malaria Inspectors. In the year 1978 they were re-designated as Multi Purpose Supervisor in the Health Department of the State of Punjab. They claimed before the learned Single Judge that they were qualified Sanitary Inspectors and were holding Sanitary Inspectors Certificate from the recognized University/Institute. They claimed parity with the Sanitary Inspectors working in the Municipal Committees under the control of Local Self Government, asserting that their qualifications, duties and functions are at par with Sanitary Inspectors working in the Local Self Government in the State of Punjab. They placed reliance on a chart (Annexure P-1) to indicate the nature of the duties being performed by the Sanitary Inspectors working under the Local Self Government Department and claimed that they perform same duties. Accordingly, they claimed that merely because they have been working on the post of Multi Purpose Supervisor in the Health Department, a lower pay scale cannot be given to them when compared with the pay scale of Sanitary Inspectors who have been working in the Local Self Government. They also invoked the doctrine of equal pay for equal work. They claimed that before 01.01.1968, there has always been parity between them and those who have been working on the post of Sanitary Inspectors in the Local Self Government Department. The aforesaid narration of facts has been highlighted with the help of following table :- JUDGEMENT_520_LAWS(P&H)2_20111.html
(2.) On the basis of the aforesaid table the learned Single Judge was persuaded that upto 1.1.1978, the pay scales of the Sanitary Inspectors working in the Local Self Government Department and those working in the Health Department of the State of Punjab were equal. It has been highlighted that on the basis of an order passed on 24.03.1983 (Annexure P-2) disparity in their pay scales commenced w.e.f. 1.1.1978. Despite, the fact that the Pay Commission had recommended Rs. 510-940 for both the posts the matter was referred to the Pay Anomaly Committee and on its recommendation, the appellant-State revised the pay scale of Chief Sanitary Inspectors and Sanitary Inspectors to Rs. 570-1080 with special pay of Rs. 50 to the Chief Sanitary Inspectors w.e.f. 1.1.1978, whereas the pay scale of Sanitary Inspectors working in the Health Department, like the writ petitioner-respondents continued to be Rs. 510-940. Accordingly, the disparity commenced and has been continuing as the Sanitary Inspectors working in the Local Self Government Department were placed in the scale of 1500-2640 and the writ petitioner-respondents working in the Health Department were placed in the pay scale of 1410-2640 w.e.f 1.1.1986. The pay scale of Sanitary Inspectors working in the Local Self Government Department were again revised to Rs. 1800-3200 w.e.f. 1.1986 but no corresponding revision in the pay scale of the writ petitioner-respondent was ordered. The writ petitioner- respondents filed a number of writ petitions in this High Court including CWP No. 1920 of 1987 which was decided on 12.8.1992. This High Court issued directions to the appellant-State to decide the whole matter expeditiously by passing a speaking order. The Court also directed that unless there are valid reasons, the employees working in two Departments were to be accorded parity of treatment in the matter of pay scales. It was also noticed by this Court that the Cadre of employees working under the Local Self Government Department is a provinicialized Cadre and there was no basis in treating such employees differently from those working in other Departments (Annexure P-3). Consequent upon the directions issued by this Court in the aforesaid bunch of petition, the appellants-State passed an order dated 27.04.1993 (Annexure P-4). According to the view taken by the State of Punjab, the parity of pay scale between the Sanitary Inspectors working in the Local Self Government Department and the writ petitioner LPA respondents was rejected. It has also been concluded that there was no possibility of creating 20% of selection posts for the Sanitary Inspector working in the Health Department like writ petitioner-respondents. The aforesaid order was again challenged before this Court in CWP No. 12254 of 1993, decided on 26.05.1995 (Annexure P-5). This High Court quashed the order dated 27.04.1993 (Annexure P-4) holding that it was based on wrong assumptions of facts and directed the appellants-State and its officers to decide the matter afresh in accordance with law.
(3.) In pursuance of directions issued by this Court, the Director Health Services Punjab made recommendation to the Secretary to Government of Punjab Department of Health and Family Welfare vide his letter dated 29.05.1996 (Annexure P-7). According to the recommendation, the scale of pay Rs. 570-1080 w.e.f. 1.1.1978 is to be given without any arrears from 1.1.1978 to 31.12.1985. However, the recommendations was made for payment of arrears w.e.f. 1.1.1986 to 30.04.1996 by depositing the same in the GPF account of the employees. Those recommendations were considered by the appellant-State and rejected by passing a speaking order on 03.09.1996 (Annexure P-9), which was subject matter of challenge before the learned Single Judge. The ground of rejection disclosed in the order passed by the respondent-State (Annexure P-9) are as under :- "(a) The pay scale of Sanitary Inspector of Local Government Department was Rs. 160-400 in the year 1977 as per draft rules amending Punjab Municipal Services (Recruitment and condition of services) Rules, 1975 issued vide Punjab government (local Govt. Department) Notification dated 24.5.1977, published on June 3, 1977 in Punjab government gazette and as per Punjab Municipal Services Recruitment and conditions of service (First Amendment) rules 1977 issued vide Notification dated 8.12.1977 published on 16.12.1977 in the Government Gazette, which further raises the promotion that between the period 1968-1977, that is before the effect of the recommendation of the 2nd Pay commission i.e. Before 1.1.1978 the pay scale of Sanitary Inspector of Local Government Department was Rs. 160-400 and thus did not remain the same as that of Sanitary Inspectors of Health Department, whose pay scale w.e.f. 1.2.1963 was Rs. 120-250 and with effect from 1.1.78 was Rs. 510-940 and w.e.f. 1.1.86 the pay scale of Sanitary Inspectors of Local Govt. deptt was sanctioned as 1500-2640 as per conversion table, but on 7.3.1994 they have been sanctioned pay scale of Rs. 1800-3200 w.e.f. 1.1.1996 on the recommendations of anomaly committee of local Government Department, whereas no such recommendations of pay commission or anomaly committee for enhanced pay scale to the petitioners is available and there pay scale of the Sanitary Inspectors of Health Department, with effect from 1.1.1986 was revised to Rs. 1410 and w.e.f. 23.1.1989 they were re-designated as Multipurpose Supervisor and their 50% senior Cadre was placed in the pay scale of Rs. 1640-2025. (b) Further, the Sanitary Inspector (now re-designated) as multipurpose supervisor have got avenue as promotion. Before 1.1.1978 they used to be promoted, firstly as Senior Sanitary Inspectors Senior Malaria Inspector and after that they were promoted to the post (s) of Health Supervisor Assistant units officers. With effect from 1.1.1978, Senior Sanitary Inspector Senior Malaria Inspector and Sanitary Inspectors (AII) was joined in one cadre and were entitled to promotion to the post of Health Supervisor Assistant Units officers and the next promotional post was Assistant Malaria officers. With effect from 1.1.1986 all posts of Senior Malaria Inspector Senior Sanitary Inspector Health Inspector Surveillance Inspector malaria inspectors were joined into one cadre and re-designated as multipurpose Supervisor and are entitled to promotion to the posts of Health Supervisor Assistant units officers and Assistant Welfare officer. On the other hand there is no avenue of promotion for the Sanitary Inspector of Local Govt. Deptt. The only promotional posts according to norms can be sanctioned against the strength of 10 Sanitary Inspector. As this strength of 10 Sanitary Inspectors is no where in any of the Municipal Committee, there is in fact, no post of Chief Sanitary Inspector and as such, the Sanitary Inspector of Local Government got no avenue of promotion and they retire as such. (c) The appellants-State also concluded that their duties and responsibilities were also dissimilar holding that the writ petitioner respondents were not entitled to any pay parity with Sanitary Inspectors of Local Self Government Department.";