- (1.) Present petition has been filed seeking a writ of certiorari quashing the order dated 2.6.2009 (Annexure P-6) and the order dated 31.8.2007 (Annexure P-4) in so far as it orders that the petitioners be placed and not promoted as Readers Grade I, II and III.
(2.) The petitioners are all Readers in the Courts in Sessions Division, District Sangrur. They are seeking the benefit of recommendations of the First National Judicial Pay Commission which are as follows: * It had been recommended that there would be three grades of Readers for the three levels of Courts; * The pay scales of the three grades of readers would be different and they would have different responsibilities as they would be attached to different levels of Courts; * Reader Grade III and II would be appointed from different sources, while Reader Grade I would be promoted from the cadre of Readers GradeII/Superintendents Grade II; and * The three cadres of Readers were recommended for three levels of Courts not only having regard to the work load of such Courts, but also to provide more promotional opportunities to existing staff.
(3.) The above said recommendations of the First National Judicial Pay Commission were accepted by the State of Punjab and vide its letter dated 22.7.2005 (Annexure P-1), the Government of Punjab was pleased to grant the pay scales recommended by the Shetty Commission with immediate effect to the staff of Subordinate Courts in the State of Punjab. The State of Punjab vide its letter dated 10.12.2009 (Annexure P-2) further decided to implement the recommendations of the Shetty Commission from 1.4.2003. The Registrar General of this Court vide letter dated 24.12.2009 (Annexure P-3) forwarded the decision of the State of Punjab to implement the recommendations of the Shetty Commission to all the District and Sessions Judges in the State of Punjab for taking necessary action in this regard. Vide order dated 31.8.2007 (Annexure P-4), the petitioners Nos. 1 to 10 and 13 were placed as Reader Grade I, II & III by the District and Sessions Judge, Sangrur. Similar order dated 19.12.2008 was passed in the case of petitioners no. 11 & 12. Pursuant to the above said order Annexure P-4, the petitioners were placed at (i) the Court of Civil Judge (Junior Division)/Magistrate; (ii) the Court of Civil Judge (Senior Division)/ CJM and (iii) the Court of District Judge/Addl. District Judge. The grievance of the petitioners is that despite being placed in Readers Grade II, they have not been granted monetary benefits attached to their posts. The representation dated 11.5.2009 (Annexure P-5) was made in this regard. The representation was dismissed by the Distt. and Sessions Judge, Sangrur vide order dated 2.6.2009 (Annexure P-6). The service appeal dated 20.7.2009 (Annexure P-7) has been dismissed by this Court vide order dated 28.9.2010 (Annexure P-9) on administrative side on the sole ground that the same is not maintainable under Rule 14-B of the Punjab Subordinate Courts Establishment (Recruitment & General Conditions of Service) Rules, 1997.;