M.M.S. Bedi, J. - (1.) The petitioner, who is Director, Animal Husbandry, in the State of Punjab seeks writ in the nature of Mandamus by way of this writ petition under Article 226 of the Constitution of India for grant of the pay scale of Rs. 5900-7300 at par with that of Director, Health in the same State w.e.f. the date when the other posts in the Department of Animal Husbandry and Fisheries were given the similar pay scales as given to the employees of the Health Department.
(2.) The petitioner joined the Department of the Animal Husbandry and Fisheries, in November, 1957 as Doctor, Veterinary Assistant Surgeon and was promoted to the post of Director, Animal Husbandry on September 7, 1990. The main grievance of the petitioner is that sequel to the decision of the writ petition titled as Dr. Sukhdev Singh and others v. State of Punjab and another, C.W. No. 6286 of 1986 having been allowed; granting the pay parity to the Veterinary Officer and the Medical Officers regarding the pay scale, a notification annexure P-4 dated February 15, 1990, was issued approving the enhancement of the pay scales of the Veterinary Officer, Senior Veterinary Officer, Assistant Director, Deputy Director, and Joint Director, Animal Husbandry Department to bring the scales at par with their counterparts in the Health Department. But the post of Director did not find mention in the said notification. The said Act of the Government is unreasonable and anomalous. The Director Health has been holding the pay scale of Rs. 5900-7300 and Director Agriculture had been holding the pay scale of Rs. 4900-6700, whereas the post of Director, Animal Husbandry has been kept at a lower pay scale of Rs. 4500-5000/-.
(3.) It is not disputed that the decision rendered in Civil Writ Petition No. 6286 of 1986, (Dr. Sukhdev Singh, Veterinary Officer and Others v. State of Punjab and others) , was challenged in LPA No. 510 of 1991, by the admission Bench on January 23, 1995. It is not out of place to mention here that LPA No. 510 of 1991, State of Punjab v. Dr. Sukhdev Singh and others , which was pending at the time of filing of the writ petition by the petitioner. The present writ petition was ordered to be heard along with L.P.A. No. 510 of 1991 has been dismissed vide judgment dated January 30, 1995. It is pertinent to mention here that on the recommendation of the 4th Pay Commission, the Director, Animal Husbandry, Punjab, has been granted the same pay scale which has been granted to the Director, Health and Family Welfare, Punjab, Chandigarh. The pay scale of Rs. 18600-22100/- has been granted to the Director, Animal Husbandry, as well as the Director Health Services, w.e.f. January 1, 1996, meaning thereby, that the parity for the purpose of pay scales between the above said two posts has been acknowledged by the State Government.;