I.S. Tiwana, J. - (1.) The petitioners, who were working as Statistical Assistants in the Co-operative Department of the State of Punjab and have been allowed selection grade of (Rs. 300-25-500) from Feb. 1, 1971 in terms of the rules known as Punjab Civil Services (Revised Scales of Pay) Rules, 1969, impugn the action of the respondent authorities in disallowing the arrears of pay on the basis of that scale from Feb. 1, 1968 to Jan. 31, 1971, vide order Annexure P. 4. The short submission on their behalf is that as per the rules, the posts of Statistical Assistants in the Co-operative Department were equated with the posts of Inspectors Co-operative Societies in that Department. In the case of Inspectors vide Annexure P. 3 dated May 10, 1973, while granting selection grades to some oi them (names specified therein) they had been allowed arrears right from the day of the coming into force of these Rules, i. e. Feb. 1,1968. According to their learned counsel, not granting of the arrears to the petitioners, is not only discriminatory in the light of the above noted factual position but is also violative of the Rules. As against this, the stand of the respondent authorities is that in the matter of granting of arrears it is their sole discretion to grant the same or not particularly when the selection grade posts to which the petitioners have now been appointed vide Annexure P. 4, have been created later.
(2.) Having heard the learned counsel for the parties I do not find any merit in the stand taken by the respondent authorities. It is not disputed that as per the rules, the two posts of Statistical Assistants and Inspectors in the Co-operative Department have been equated in the matter of pay and selection grades. It is again the conceded position that it was in the light of these rules that the two posts to which the petitioners have now been posted vide Annexure P. 4. have been converted into selection grade posts. In the face of this situation there is absolutely no discretion with the respondent authorities not to grant arrears to the petitioners as has been done in the case of the Inspectors vide Annexure P. 3 and thereby nullify the in pact of the Rules [See Jagjit Mohan Singh Bhalla and others Vs. Union of India (through Home Secretary, Government of India, New Delhi) and others, 1974 (2) S. L. R. 1] , It is as per these Rules that 10% of the posts of Statistical Assistants in the Co-operative Department have been placed in the selection grade of Rs. 350-450.,
(3.) In the light of the above, I allow this petition and quash the rider placed in Annexure P. 4 that the petitioners arc not entitled to the arrears of selection grade with effect from Feb. 1, 1968 to Jan. 31, 1971. In the light of this conclusion of mine, I direct the respondent authorities to pay the arrears to the petitioners within a period of three months from the receipt of this order. They are also held entitled to the costs of this litigation which are determined at Rs. 300. Petition allowed.;