Harbans Singh Rai, J. - (1.) This petition under Article 226 of the Constitution of India has been filed by Raj Kumar Kalra and Ramnik Singh, who are presently working as Junior Lecture Assistants in different Government Colleges in the State of Punjab. The petitioners claim a pay scale higher than that given to Laboratory Attendants (w.e.f. 1-1-1978 (sic) when the pay scales were revised by the State of Punjab), on the ground that it is irrational to give promotion and higher post pay scale to or equivalent to the pay scale of the lower post. They also claim a selection grade on the basis of Government instructions Annexure P-5 and arrears of pay with interest at the rate of 18 per cent per annum.
(2.) The State of Punjab has contested the claims of the petitioners on the ground that the post of Laboratory Attendants is not governed under the Rules and as such it does not come in the heirarchy of Junior Lecture Assistants. The stand of the State further is that the Laboratory Attendants are promoted to the post of Junior Lecturer Assistants not as a matter of right but as a privilege. The fact, that promotions from Laboratory Attendants to Junior Lecture Assistants are made, is however, admitted. It is also contended that the Laboratory Attendants are in two different pay scales,namely Rs. 325-495 for those Laboratory Attendants who are and Rs. 400-600 for those who are Matriculate, non-Matriculate. The factum of Laboratory attendants having a selection grade of Rs. 510-800 is denied. The claim for a selection grade of Rs. 680-1120 is also sought to be controverted on the ground that as the Junior Lecturer Assistants have promotion avenues more than 50 per cent of their cadre strength to the posts of Senior Lecture Assistants, they are not covered by the instructions contained in Annexure P.5.
(3.) I have heard the learned counsel for the parties at great length and gone through the entire record. It is the admitted case that Laboratory Attendants are promoted as Junior Lecture Assistants. This Court vide judgment dated July 17, 1989, in C.W.P. No. 2972 of 1988 (Chaman Lal v. State of Punjab) has directed the State of Punjabi to give the pay-scale of Rs. 400-600 to all the Laboratory Attendants irrespective of their qualifications. A further direction has been given to the State to give a selection grade to 20 per cent of the posts of Laboratory Attendants. Mr. Rajiv Atma Ram, learned counsel for the petitioners, contended that if a person is promoted to the post of Junior Lecture Assistant from the post of Selection Grade Laboratory Attendant, he is entitled to a higher scale of pay. In support of his contention, he has placed reliance on a Division Bench decision of this Court in Har Kishan and another v. State of Punjab and another, 1987 (5) S.L.R. 539 , wherein it has been held that it would be highly irrational to place a junior post and a higher post in the same scale of pay. Time scales and corresponding selection grades to be given to various categories of employees are given in Appendix II to Annexure P.5, attached to the petition.;