G.S. Singhvi, J. - (1.) A short controversy raised in this writ petition relates to the claim of the petitioner for grant of salary in the pay-scale of Rs.2200-4000 with a special pay of Rs.200/- and the status of a gazetted employee.
(2.) In brief the case of the petitioner is that he joined service of the Government of Punjab as a Clerk in the Public Works Department in the year 1957. In the year 1961 he was selected and appointed as an Assistant in the Education Department and was confirmed in that post in the year 1966. He was promoted as Head Clerk in the year 1975. In the year 1976 he was placed in the selection grade of Assistants and was designated as Superintendent in the year 1978. He was granted proficiency step-up in the cadre of Superintendents with effect from 1.7.1986. He was lastly promoted as Administrative Officer in the Education Department with effect from 2.11.1992. On the recommendations of the Third Pay Commission, the Administrative Officers were placed in the grade of Rs.1800-3200 with a special pay of Rs.50/-. In order to remove anomaly in the pay scale of Superintendents, Finance Department of the Punjab Government issued notification dated 15.6.1992 and pay scale of the post of Superintendents was revised to Rs.2000-3500. Similar revision was, however, not effected for the post of Administrative Officer and that post was equated with that of Superintendent for the purpose of pay-scale. Special pay of Rs.50/- which was admissible to Administrative Officers was merged with the new grade with effect from 21.12.1985 and as a result of this the predecessor of the petitioner came to be raised from Rs.2520/- to Rs.2700/- P.M. However, benefit of the higher pay was not given to the persons like the petitioner. Petitioner made a representation dated 1.9.1993 and pointed out the anomaly brought about on account of the failure of Government to revise the pay-scale of the post of Administrative Officer, petitioner has submitted that notwithstanding his representation, respondents have not taken any effective steps for removing the anomaly, namely, that, holder of the higher post of Administrative Officer is being paid salary in the pay-scale of Superintendents.
(3.) In reply, the respondents have stated that prior to 1.1.1986 pay-scale of the post of Administrative Officer was Rs.800-1400 with a special pay of Rs.50/-. This post is required to be filled from amongst Superintendents Grade II of the Sub Office Cadre. Vide Judgment notification dated 15.6.1990 posts of Superintendents Grade II, Grade III and Grade IV were merged and the revised pay-scale came to be prescribed at Rs.2000- 3500. At the same time pay-scale of the post of Superintendent Grade I was revised to Rs.2200-4000. However, appropriate revision in the pay-scale of Administrative Officer was not done and this led to an anomaly. According to the respondents, the Department took up the matter for removal of the anomaly in the pay-scale of the Administrative Officers but the matter is still pending consideration. The respondents have refuted the claim of the petitioner for gazetted status.;