S.D. Bajaj, J. - (1.) Vide letter No. 36/11/80-9FR/5014 dated June 2, 1981, Annexure P-2, the State Government of Punjab sanctioned a special pay of Rs. 40/- per mensem to lift-men and Khalasis employed at their lifts functioning in Punjab Civil Secretariat at Chandigarh with effect from May 1, 1981. Punjab University it Chandigarh gave similar benefit to their own lift-men and Khalasis with effect from September 1, 1986 instead of May 1,1981. Civil Writ Petition No. 6880 of 1988 has been filed by these employees for obtaining a writ of mandamus directing the Punjab University to extend them this benefit with effect from May 1, 1981 in place of September 1,1986 on the grounds of the date fixed by the University being arbitrary.
(2.) In para No. 13 of the reply filed by the respondent-University, it was urged that "the action of the respondents is neither arbitrary nor illegal, nor unlawful nor violative of articles 14 and 16 of the Constitution of India and least against the principles of natural justice. On the contrary, taking into account all the factors of the case the award of special pay of Rs. 40/- (since increased to Rs. 80/-) from 1.9.1986 is more the child of sheer generosity than of merits of the case. The invocation of the articles 14 and 16 of the Constitution is a sheer platitude and is founded in no reasoning."
(3.) I have heard Shri Dinesh Kumar, Advocate, for the petitioners, Shri G.S. Amar, Advocate, for the respondents and have carefully gone through the relevant record.;