Sabina, J. - (1.) PETITIONER has filed this petition seeking pay scale of Rs. 1800 -3200 with effect from 1.1.1986.
(2.) THE case of the petitioner, in brief, is that he joined as a Manager -cum -Accountant in the pay scale of Rs. 600 -1120 vide Annexure P1 dated 4.10.11983. Petitioner was posted as Manager -cum -Accountant in Lake Cafeteria, Rock Garden, Snack Bar and Camping Sites. Petitioner was transferred as Manager -cum -Accountant to Bus Stand Canteens vide order Annexure P2 dated 6.1.1984. Thereafter, vide order Annexure P3 dated 27.2.1984, petitioner was transferred as Manager -cum -Accountant to Chandigarh Yatri Niwas. Services of the petitioner were terminated vide order dated 4.12.1984 when he was working as a Kitchen Supervisor. The said post was equivalent to the post of Manager -cum -Accountant. At the time of his termination, petitioner was posted in Hotel Chandigarh Mount view Sector 10, Chandigarh. Petitioner raised an industrial dispute and the Labour Court vide its award dated 1.11.1990 held that the termination order qua the petitioner was illegal. In pursuant to the award passed by the Labour Court, petitioner was ordered to be reinstated in service with effect from 9.1.1991 as Kitchen Supervisor in the pay scale of Rs. 600 -1120 which was revised to Rs. 1400 -2300. Petitioner was also allowed back wages to the extent of 50% and was posted in Hotel Shivalik view. The post of Manager -cum -Accountant, Kitchen Supervisor and Incharge (Godown) Liquor Division were interchangeable and were carrying the same pay scale. However, vide order dated 22.4.1992, the pay scale of different categories of employees were revised with effect from 1.1.1986 and the Kitchen Supervisors were placed in the pay scale of Rs. 1500 -2640, whereas, the Senior Scale Stenographers, Assistants, Senior Assistants, Store Keepers, Accountants, Auditors were granted the pay scale of Rs. 1800 -3200. Hence, the present petition. Learned Senior counsel for the petitioner has submitted that the petitioner was liable to be granted pay scale of Rs. 1800 -3200 as was allowed to the other counter parts i.e. Assistants/Manager -cum -Accountants etc. Initially, the posts were interchangeable and the petitioner had been appointed on one post or the other as per the need. Petitioner had been ordered to be reinstated in the service while he was working as Kitchen Supervisor by the Labour Court.
(3.) LEARNED counsel for the respondents, on the other hand, has submitted that the petitioner was working as Kitchen Supervisor at the time of his termination and had been ordered to be reinstated by the Labour Court. In terms of the award of the Labour Court, petitioner was allowed to join duty as Kitchen Supervisor. Petitioner was, initially, appointed as Manager -cum -Accountant but the said post was later abolished in the year 1986 and petitioner was adjusted as Kitchen Supervisor. Shri Vipin Kumar Rishi, respondent No. 2 had been appointed as Manager -cum -Accountant. His services were terminated and he was also ordered to be reinstated by the Labour Court. Respondent No. 2 was adjusted as Assistant in the pay scale of Rs. 600 -1120. The post of Assistant fell in the ministerial cadre and respondent No. 2 was placed in the pay scale of Rs. 1800 -3200, whereas, the petitioner was working in a non -ministerial cadre post as Kitchen Supervisor. The scale of ?1800 -3200 had only been allowed to the posts which fell in ministerial cadre.;