R.S. Mongia, J. - (1.) THIS judgment of ours will dispose of C.W.P. No. 18877 of 1991, as also C.W.P. No. 13655 of 1991, as common questions of law and fact are involved in both these petitions. For facility of reference, facts of the former writ petition are being adverted to.
(2.) PETITIONERS . Sarvshri S.K. Sardana and M.S. Sullar, were directly recruited to the Haryana Superior Judicial Service (hereinafter called the 'Service') and appointed as Additional District Judges on 23rd August, 1989 and 24th August, 1989 respectively, in the pay scale of Rs. 3,200 - -4,700. The Petitioners claim the grant of pay scale of Rs. 4,100 - -5,300, which according to them, was being given to the officers who were promoted to the Service from the Subordinate Judicial Service (Selection Grade), on the principle of 'equal pay for equal work'. It may be noticed here that when the Petitioners had joined the Service, all the members of the Service, whether appointed by direct recruitment or by promotion from the Subrodinate Judicial Service, were given the same pay scale of Rs. 3,200 - -4,700. Prior to that the time scale of the members of the Service was Rs. 1,200 - -2,000, but on the basis of the recommendations in the Fourth Pay Commission's report, the same was revised to Rs. 3,200 - -4,700 with effect from 1st January, 1986. The pay scale of the members of the Haryana Subordinate Judicial Service was also revised on the basis of the Fourth Pay Commission's report and they were given the time scale of Rs. 2,200 - -4,000 and after completion of five years' service, the members of the Haryana Subordinate Judicial Service were entitled to be placed in the pay scale of Rs. 3,000 - -4,500. Further, a selection grade of Rs. 4,100 - -5,300 after completion of 12 years of service was provided for 20 per cent of the posts in the Subordinate Judicial Service. One Shri P.L. Goyal, a member of the Haryana Subordinate Judicial Service was in the Selection grade of Rs. 4,100 - -5,300. On 4th May, 1988, he became a member of the Haryana Superior Judicial Service, on being promoted as Additional District and Sessions Judge. A day prior to his date of promotion, i.e. 3rd May, 1988, said Shri Goyal, as a member of the Subordinate Judicial Service (Selection Grade), was drawing basic pay of Rs. 4,475 in the pay scale o. Rs. 4,100 - -5,300, which, as observed above, was the Selection grade of the Subordinate Judicial Service. On promotion to the Superior Judicial Service on 4th May, 1988, he was placed in the then existing pay scale (time scale) of Rs. 3,200 - -4,700, and his pay was fixed at Rs. 3,825. However, the difference in the basic pay and the pay he was actually drawing was protected as his 'personal pay' to be adjusted against annual increments or till he was confirmed in the Superior Judicial Service whichever was earlier. The decrease in the pay scale and the loss of annual increments was made the subject -matter of challenge in this Court by said P.L. Goyal by filing C.W.P. No. 16385 of 1989. The said writ petition was allowed by a Division Bench of this Court, on 30th May. 1990, and the judgment is now reported as P.L. Goyal v. The State of Haryana and Ors., 1990 (5) S.L.R. 108. It may be observed that the challenge was also made regarding the vires of Rule 13(1) of the Punjab Superior Judicial Service Rules, 1963 (as applicable to the State of Haryana). While allowing the writ petition, the Divisional Bench observed as under: For the reasons recorded above, we allow the writ petition and declare Rule 13(1) of the Rules to be ultra vires Articles 14 and 16 of the Constitution of India and direct that the Petitioner and other similarly situated members of the Haryana Superior Judicial Service shall continue to get the pay scale of Rs. 4,100 - -5,300 which they were getting immediately before being promoted to the Superior Judicial Service. This Court can only remove the discrimination and this is the only way open to us to do so. Accordingly, we issue a writ of mandamus that the Petitioner would continue to get the pay scale of Rs. 4,100 - -5,300 even on promotion made on 4th May, 1988 and his arrears in accordance with this judgment and order be paid within a reasonable time, not later than four months from the receipt of this order. Similarly situated other members of the Haryana Superior Judicial Service would also get the benefit of this judgment and similar order and directions are issued in their behalf as well. The Petitioner will have his costs which are quantified at Rs. 1,000.
(3.) AS regards providing proper pay scale and to frame the necessary rules in that behalf, we direct the State Government to do as early as possible and it will be reasonable for the State Government to create the grade of Rs. 4,500 - -5,700 for the members of the Haryana Superior Judicial Service as suggested by this Court on the administrative side and since a direction is now being issued on the judicial side, we have no doubt that this time the Government would consider the matter favourably without delay. In pursuance of the above judgment of this Courts all officers who had been promoted to the superior judicial service from the subordinate Judicial Service (Selection Grade), were placed in the nay scale of Rs. 4,100 - -5,300 and their pay was fixed accordingly. As observed earlier, the Petitioners who are direct recruits in the Superior Judicial Service, claim parity with the promotee Officers from the Subordinate Judicial Service (Selection Grade), so far as their pay scales are concerned. The learned Single Judge, who heard the petition, by his order dated 4th May, 1993, referred the case for decision by a larger Bench, as according to him the point involved in the case was an important point of law and not only Superior Judicial Service but other services also were likely to be affected by the decision of this Court. That is how the matter has been placed before us.;