- (1.) The prayer in this petition is for grant of pay scale of Rs. 1200-2100 w.e.f. 1.1.1986 granted to Surveyors in Punjab Govt. service on the 3rd Punjab Pay Commission and duly accepted by the Govt. and notified by the PCS (Revised Pay) Rules, 1988. The petitioner is not a Punjab Govt. servant. He is an employee of the Punjab State Electricity Board (for short 'PSEB'). The petitioner was initially appointed as a work-charged Surveyor on 7.10.1982 in the Board. He was made regular Surveyor on 20.10.1994. The petitioner filed CWP No. 4754 of 1994 claiming the pay scale of a Surveyor as admissible to Punjab Government Employees holding that post. That petition was disposed of with a direction to the Secretary (Finance), PSEB to pass a speaking order on the petitioner's representation dated 25.11.1993. As a result of those directions, the order dated 12.8.1994 has been passed rejecting the claim, against which order the petitioner is before this Court.
(2.) The petitioner's case against the impugned order is that the Government of Punjab by notification dated 19.2.1990 in exercise of powers under Rule 3(2) (h) of the Punjab Civil Services (Revised Pay) Rules, 1988 amended the notification dated 20.1.1989 and clubbed the posts of Junior Surveyor, Surveyor and Surveyor (work-charged) and redesignated the three posts as Surveyor in the pay scale of Rs. 1200-2100. The petitioner, though, an employee of the P.S.E.B. has claimed the scale of Surveyor in Punjab Government on the grounds as pleaded in para 13 of the petition, which reads as follows:- The nature of the work of the Surveyor of the Punjab Government and PSEB is absolutely similar and the rules and regulations made by the Punjab Government are applicable to the Punjab State Electricity Board as it is applicable to the Punjab State Electricity Board as it is a Unit of Punjab State Government. Therefore, the Punjab State Electricity Board can not discriminate between the Surveyor of PSEB with the Surveyor of Punjab Government on the principle of equal pay for equal work. When the Punjab Government Surveyor is getting the pay scale of Rs. 1200-2100, then the petitioner being employee of PSEB is also entitled to the pay scale of Punjab Government Surveyor i.e. Rs. 1200-2100.
(3.) Upon notice, the Board has filed the reply. In its reply to para 13 the Board has rebutted the assertions of para 13 of the writ petition as follows: Contents of para 13 are wrong and denied. There is no similarity amongst the surveyors working in the State of Punjab and the employees like the petitioner. Moreover, the answering respondent is a statutory body constituted under Section 5 of Electricity Supply Act and is governed by the statutory Rules and Regulations. For fixing/revising the pay scales, the Board constitutes it is own Pay Revision Committee and revises/fixes those scales in the light of its recommendations/proposals.;