Arun Palli, J. - (1.) These are intra-court appeals, under Clause X of the Letters Patent, against an order dated11.10.2013 passed by the learned Single Judge, vide which the civil writ petitions preferred by the appellants were dismissed by a common order. Likewise, vide this order we shall dispose of a bunch of 99 appeals.
(2.) What was assailed and in question before the learned Single Judge was a circular dated 05.10.2011, to the extent the benefit of revised pay scales to the appellants, who happened to be the employees of Education department, was granted w.e.f. 01.10.2011. Whereas, they claimed the said benefit w.e.f. 01.01.2006, as recommended by the 5th Punjab Pay Commission (for short, 'the Commission'). But, what indeed led to this stage, is something, that would be expedient to notice.
(3.) The Commission submitted its report to the Government on 20.04.2009. Para 4.12 of Chapter 4 of the recommendations show that the Commission had recommended the implementation of the revised pay scales w.e.f. 01.01.2006. As per para 5.64 of Chapter 5 of the report, higher pay scales were recommended for various categories of employees including the category of the appellants, who formed part of the teaching personnel under the State Education Department. Likewise, under para 5.31, higher pay scales were also recommended to certain employees of the Department of Health and Family Welfare. We discern from the records that on account of typographical mistake, recommendation vis-a-vis the higher scales of pay did not find mentioned in the original report that was submitted to the State Government. However, Member Secretary of the Commission, vide a communication dated 21.04.2009, addressed to the Chief Secretary, State of Punjab, pointed out that the typographical mistakes in paras 5.31, 5.64 and 8.5 at pages 85, 102 and 159-162, respectively, were rectified and a copy thereof was duly forwarded. Pursuant to a notification dated 27.05.2009 (Annexure P-3), issued by the State Government, the Punjab Civil Services (Revised Pay) Rules, 2009 [for short, '2009 Rules'] were notified and the same were deemed to have come in operation w.e.f. 01.01.2006. Under 2009 Rules, the revised pay structure was made applicable w.e.f. 01.01.2006 as per the Conversion Fitment Table annexed as a Schedule to the Rules showing a revised pay structure corresponding to a particular pre-revised pay scale. General Conversion Table, appended with the 2009 Rules, was devised in consonance with the recommendations of the report of the Commission. However, it would be apposite to point out, at this juncture, that the recommended higher pay scales, as pointed out in the communication dated 21.04.2009, were not granted in terms of the notification dated 27.05.2009 by the State. Subsequently, the Department of Finance, State of Punjab, issued a circular dated 05.10.2011 (Annexure P-9), vide which the upgraded revised scales of pay recommended by the Commission were accepted, but the said benefit was made admissible w.e.f. 01.10.2011. The said circular recites in no uncertain terms that the pay in the revised scales shall be fixed prospectively and there would be no question of payment of arrears or fixation of pay on notional basis from any previous date. Which is why, circular dated 05.10.2011 was assailed by the appellants to the limited extent of granting the benefit of higher revised pay scales w.e.f. 01.10.2011 instead of 01.01.2006.;