- (1.) Tersenessly, the relevant facts, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, are that petitioners Harcharan Singh and S.P. Singh (Assistant Geologists), Ashok Kumar Goel (Geo Technologist) and Arun Kumar (Geophysicist), were working on their respective posts in the Department of Industries, State of Punjab. The posts of Assistant Geologist and Geo Technologist were stated to have been equated with the posts of Deputy Director (Industries), for the purpose of pay scales vide extracts of 1st and 2nd Pay Commission report/recommendations (Annexures P-1 and P-2). Similarly, the post of Assistant Geophysicist was claimed to be equated with the post of Assistant Geologist, for the purpose of pay scale by way of extract of 3rd Pay Commission report (Annexure P-3).
(2.) The petitioners claimed that prior to the recommendation of the First Pay Commission, the posts of Assistant Geo Technologist and Assistant Geologist were in the higher pay scale of Rs. 350-900, whereas the pay scale of the Deputy Director( Industries) was in the lower grade of Rs. 350-850. The First Pay Commission recommended the identical pay scale of Rs. 350-900 for these posts in the year 1968. After the removal of anomaly, the pay scales of both the posts were upgraded and the higher scale of Rs. 400-1100 was sanctioned, by means of order dated 15.02.1971 (Annexure P-3/A). However, the State again created an anomaly in the pay scales in the year 1976 and sanctioned the pay scale of Rs. 400-1250 to the Deputy Director (Industries) with effect from 21.10.1976 (Annexure P- 4), without granting the corresponding benefits to the petitioners. The anomaly was not removed in spite of the representations(Annexures P-5 and P-6) filed by them and the recommendation made by the Director of Industries by virtue of letter dated 07.11.1977(Annexure P-7) in this regard were ignored by the respondents. Meanwhile, the Government appointed the Second Pay Commission and directed the petitioners to ventilate their grievances before the 2nd Pay Commission, vide letter dated 27.01.1978 (Annexure P-8).
(3.) Sequelly, the case of the petitioners further proceeds that the Second Pay Commission recommended the identical pay scales of Rs. 940-1850 for both sets of the indicated posts. However, the Government sanctioned the different pay scales of Rs. 850-1700 to the posts of the petitioners vide Notification dated 22.02.1980(Annexure P-9). The petitioners filed the representations (Annexures P-10 and P-11) for removal of anomaly created by way of Notification (Annexure P-9). The Government was stated to have further raised the pay scale for the post of Deputy Director(Industries) from Rs. 940-1850 to Rs. 1200-1850 with effect from 01.01.1978 on 07.03.1984 and created further distance between the two sets of the indicated posts. The next representation(Annexure P-14) filed by them was not considered and anomaly was not removed in this behalf.;