SHAM LAL AND OTHERS Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2016-8-117
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 17,2016

Sham Lal And Others Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

Daya Chaudhary, J. - (1.) - This judgment of mine shall dispose of three petitions bearing Nos. 5495, 8744 and 25137 of 2012 as common question of law and facts are involved. However, for the sake of convenience, facts are being extracted from C.W.P. No. 5495 of 2012.
(2.) Briefly, the facts of the case as made out in the present petition are that the petitioners were initially appointed as Charge man on work charge basis and thereafter were promoted as Dragline Operator on work charge basis and were regularised subsequently. After coming into operation of the 2nd Pay Commission Report, the petitioners were not given the revised pay scale of Rs. 510-940 and were getting pay scale of Operators only, whereas, they were entitled for the pay scale granted to Dragline Operators. Thereafter, the Punjab Government set-up 3rd Pay Commission for recommending suitable revision of pay scales to its employees. The pay scale of the Dragline Operators was revised to Rs. 1350-2400 and of Operators to Rs. 1200-2100 but the petitioners were granted pay scale of Operators only and not of Dragline Operators, whereas, they were performing duties of Dragline Operators. Aggrieved by the action of the respondents, the petitioners made various representations but their request was not accepted. Ultimately, being satisfied with the cause, the case of the petitioners was recommended by respondent No.6 vide letter dated 28.4.1991, wherein, it was mentioned that the petitioners were working as Dragline Operators and were entitled to the pay scale of Rs. 1350-2400 but in spite of that recommendation, their claim was rejected vide order dated 14.12.2011.
(3.) The challenge in the present petition is for quashing of impugned order dated 14.12.2011, whereby, claim of the petitioners for grant of revised pay scale at par with their counter-parts has been rejected in spite of specific recommendations made by the authorities. A further prayer has also been made for issuing directions to the respondents to grant pay scale of Dragline Operators revised from time to time along with arrears and interest as well.;


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