Daya Chaudhary, J. - (1.) The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to grant the petitioner pay scale of Rs. 1200-2100 w.e.f.01.11.1992, which was revised to Rs. 1200-2130 w.e.f.01.01.1993 and Rs. 4020-6200 w.e.f.01.01.1996 along with all consequential benefits.
(2.) Briefly, the facts of the case as made out in the present writ petition are that the petitioner joined the Punjab State Cooperative Supply and Marketing Federation Limited (hereinafter called as 'Markfed') on 04.11.1985 and he continued to work on temporary basis for a considerable long period. He filed CWP No.11069 of 1995 for regularisation of his services in accordance with resolution dated 15.12.1992. The said writ petition was allowed vide judgment dated 20.08.1996 and it was ordered to give the benefit of regularisation of the services to the petitioner w.e.f.01.11.1992. In compliance of said judgment dated 20.08.1996, a letter of appointment was issued on 11.03.1997, whereby, the services of the petitioner were regularised w.e.f.01.11.1992. The petitioner was placed in the pay scale of Rs. 950-1800 with initial start of Rs. 1000/-. The petitioner made a representation to the respondents stating therein that he was wrongly placed in the aforesaid pay scale whereas his pay scale should have been Rs. 1200-2130. When the aforesaid pay scale was not granted, the petitioner filed CWP No.4787 of 1998, which was disposed of vide order dated 02.04.1998. When the relief was not granted, the petitioner filed COCP No.688 of 1998, which was also disposed of vide order dated 09.08.1999. Thereafter, the petitioner filed CWP No.3385 of 2001, which was dismissed as withdrawn with liberty to file a fresh in terms of order dated 23.03.2004. Accordingly, the present writ petition has been filed for direction to respondents to grant pay scale of Rs. 1200-2100 w.e.f.01.11.1992 and thereafter, revised from time to time along with all consequential benefits.
(3.) Learned counsel for the petitioner submits that the pay scale of the post of Gate Clerks in the Markfed Cotton Ginning and Pressing Factories is Rs. 1200-2100 w.e.f.01.11.1992, was revised from time to time. Learned counsel further submits that the other similarly situated persons, who are working as Gate Clerks in various Cotton Ginning and Pressing Factories of the Markfed are also getting the same pay scale but the petitioner has been discriminated as he is being paid pay scale of Rs. 950-1800 w.e.f.01.11.1992, revised from time to time. Learned counsel also submits that the action of the respondents is illegal, arbitrary and violative of Articles 14 and 16 of the Constitution of India. The respondents have made false averments in the affidavit filed before this Court in COCP No.688 of 1998 that the appointments were made in the pay scale of Rs. 950-1800 whereas the same is contrary to terms and conditions of the appointment letter. It is also the argument of learned counsel for the petitioner that the case of the petitioner is squarely covered by the decision rendered by Hon'ble the Apex Court in P.Savita and others v. Union of India and others, 1985(3) SLR 29 wherein higher pay scale was denied to the persons junior in the seniority list.;