- (1.) Present Letters Patent Appeal has been filed by the appellants-State of Punjab against the impugned judgment dated 5.11.2001 passed by the learned Single Judge, vide which CWP No. 3998 of 1996 filed by the respondents herein was allowed and they were held entitled to the relief as per directions issued by the Division Bench of this Court vide its judgment dated 31.10.1991 passed in CWP No. 7807 of 1991 (Annexure P.4), i.e grant of pay scale of Rs. 1800-3200/- w.e.f. 1.1.1986.
(2.) Broadly, the facts are that the respondents herein, who were Junior Auditors, redesignated as Auditors of Printing and Stationery Department of State of Punjab filed CWP No. 3998 of 1996 against the present appellant-State of Punjab, inter alia, praying that a direction be issued to the State of Punjab to grant them the pay scale of Rs. 1800-3200/- with effect from 1.1.1986 as has been given to Assistants, Accountants, Assistant-cum- Accountants and the other Junior Auditors redesignated as Auditors, working in various other Departments of the Punjab Government such as Food and Supplies, Treasuries etc. It was further prayed that the respondents be directed to fix their pay after granting the aforesaid pay scale with effect from 1.1.1986 and to release the arrears of pay along with interest at the rate of 8% per annum. The ground, on which their claim was based, was that the pay scale as that of Assistants/Accountants/Assistant-cum- Accountant and other Junior Auditors working in all departments of the Punjab Government had been the same with effect from 1968. The first pay commission equated the post of Junior Auditors with the Assistants- Accountants etc and recommended them equivalent pay scale of Rs. 160-400/-, which was accepted by the Government. The Government also accepted the recommendations of the second and third pay commissions and granted the equivalent pay scale of Rs. 570-1080/- and Rs. 1500-2640/- respectively to the Junior Auditors as well as Assistants/Accountants and other similar situated employees with effect from respective dates of enforcement of the recommendations of the said pay commissions. This parity of pay scales was maintained till the issuance of the notification dated 15.6.1990 (Annexure P.1) vide which the Punjab Civil Services (Revised Pay) Rules, 1988 were amended and the Assistants, Accountants, Assistants-cum- Accountants etc were granted revised pay scale of Rs. 1800-3200/- with effect from 1.1.1986 and further all these posts were redesignated as Senior Assistants. This benefit was, however, not extended to the Junior Auditors working in the various departments of the State of Punjab. It seems that on the representations made by Junior Auditors, notification dated 9.5.1991 (Annexure P.2) further amending the Punjab Civil Services (Revised Pay) Rules, 1988 was issued and the Junior Auditors, redesignated as Auditors, were also granted the pay scale of Rs. 1800-3200/- with effect from 1.1.1986 but with a rider that they should have minimum five years of service as Junior Auditors on or after Ist January 1986. The petitioners pursuant to the notification dated 9.5.1991, vide orders dated 5.7.1991 (Annexure P.3) were redesignated as Auditors and granted the pay scale of Rs. 1800-3200/- with effect from different dates i.e in the years 1988-1989 but not from 1.1.1986. It is apparent from the record that the Junior Auditors working in the other departments in the State of Punjab filed CWP No. 7807 of 1991 titled Hardaljit Singh v. State of Punjab challenging the clause of five years of service in the notification dated 9.5.1991 and the said writ petition was allowed vide judgment dated 31.10.1991 (Annexure P.4). Similarly, Junior Auditors working in the Food and Supplies Department and Treasury Department of State of Punjab filed CWP No. 1467 of 1991 titled R.S. Bhullar and others v. State of Punjab and others and CWP No. 8307 of 1991 titled Naval Kishore Pathak and others v. State of Punjab respectively. Both the writ petitions were allowed in view of the Division Bench Judgment of this Court dated 31.10.1991 (Annexure P.4). The matter attained finality up to the Hon'ble Supreme Court of India when the SLPs against the same were dismissed. Thereafter, the Finance Department of Punjab Government issued general instructions dated 14.9.1995 (Annexure P.16) conveying that the decision of the courts have become applicable to all the posts of Junior Auditors. Despite the finality of the issue, the petitioners were denied the benefit of grant of pay scale w.e.f. 1.1.1986 and hence the writ petition bearing CWP No. 3998 of 1996 was filed and the learned Single Judge allowed the same holding that the matter is squarely covered by Division Bench Judgment dated 31.10.1991 (Annexure P.4), which has been upheld up to the Hon'ble Supreme Court.
(3.) The contention of learned Additional Advocate General, Punjab in the present appeal is that in CWP No. 7807 of 1991, titled Hardaljit Singh v. State of Punjab, the pay scale of Rs. 1800-3200/- was granted because the cadre and seniority of the Junior Auditors/Superintendents/Assistants was/is the same whereas in the Printing and Stationery Department, the seniority of Assistants/Junior Auditors is not common as per Printing and Stationery Department (Class III), Ministerial Rules, 1964 and further that the prescribed educational qualification and duties and responsibilities of the Junior Auditors in the Printing and Stationery Department are different from that of Junior Auditors working in the other departments, who have been granted pay scale of Rs. 1800-3200/- with effect from 1.1.1986 in pursuance of the court orders.;