I.S. Tiwana, J. - (1.) (Oral) - The petitioners, who belonged to the Punjab Education Service Class II and were later allocated to the State of Haryana in the year 1966, as a result of the States Reorganisation Act, 1966, claim that they have been discriminated in the matter of grant of pay scale of Rs. 700-1,100 inasmuch as person junior to them in that service have been granted that grade with effect from Dec. 1, 1967 without considering their claim. It is also pointed out by them that in the year 1966 the erstwhile State of Punjab had sought to bifurcate the service into two cadres, i.e., (i) school and Inspection Cadre and (ii) College Cadre, but this bifurcation was annulled by a Full Bench of this Court in Brij Lal Goswami Vs. The State of Punjab and others, (1966) 68 P.L.R. 470 . It is also maintained by them that as a sequel to this judgment, a common seniority list of the persons who at one stage belonged to two different cadres referred to above, has been prepared. This factual position has unreservedly been admitted by the respondent authorities in paragraph 9 of their written statement, the relevant extract of which reads as follows "It is admitted that after the reorganisation of the State of Punjab, joint seniority lists of Class II Service inclusive of officers of school and Inspection side and College side were maintained. The seniority numbers of the petitioners mentioned in this para of the petition are not disputed. Further averment of the petitioners that seniority lists of HES Class II (men's branch) as it stood on 1-1-75 shows that some of the persons whose names appear below one or the other petitioner have been placed in the scale of 700-1,100 while the seniors are working in the scale of Rs. 400-800 is also admitted. However, the aforesaid position has since undergone a change. In accordance has the recommendation of Government of India, University Grants Commission grades of lecturers (College personnel) have been revised from Rs. 400-800 to Rs. 700-1,600 w.e.f. 1-1-73 (vide Haryana Government's Nos. 765-Ed.I(I) 76/3235 dated 27-1-76). An extract copy attached as Annexure R. 1. Consequent upon the revision of pay scale, all the petitioners (except petitioner No. 1) who basically and estentially belong to College cadre have been placed in the grade of Rs. 700-1,600 w.e.f. 1-1-73. The matter regarding grant of pay scale of Rs. 700-1,600 to the petitioner No. 1 is under consideration of Government." A bare reading of the above noted reply of the respondent authorities manifestly indicates that while not giving any justification as to how and why the petitioners are being denied the grade of Rs. 700-1,100 with effect from Dec. 1, 1967, the date from which it has been granted some of their juniors, they have only pleaded that in view of the latest recommendation of the University Grants Commission, the petitioners, except No. 1, have been placed in the grade of Rs. 700-1,600. This stand of their does not make any effective reply to the contention of the petitioners that they are being discriminated in the matter of grant of Rs. 700-1,100 grade with effect from the date it has been so granted to their juniors.
(2.) In the light of the above I see no justification on the part of the respondent authorities to not to grant to the petitioners to grade of Rs. 700-1,100 with effect from the date the same has been granted to persons junior to them in HES Class II It may well be that they are entitled to the newly recommended grade of Rs. 700-1,600, but that does not in any way wipe out the discrimination which has been perpetrated in the case of petitioners. I, therefore, direct the respondent authorities to grant to the petitioners the grade of Rs. 700-1,100 with effect from the date the same has been granted to person junior to them and to pay them the arrears on that basis within a period of four months from today. They are also held entitled to the costs of this litigation which I determine at Rs. 300.00. Petition allowed.;