IMPORTANT POINT
The High Court committed an error by directing stepping up of the pay of the respondents on the post of instructors on the assumption that the juniors are getting a higher amount. Moreover, High Court erred in not following the earlier final disposal of writs.

JUDGMENT

Pattanaik, J.-Leave granted.

2. These appeals by the State of Punjab are directed against the judgment of the Division Bench of the Punjab High Court which dismissed the Letters Patent Appeal in limini and comfirmed the order of the learned Single Judge. The question that arises for consideration is whether the respondents are entitled to the relief of getting their pay step up and made equal to the pay drawn by other instructors irrespective of the trade in which they are working. The respondents filed Writ Petitions in the High Court of Punjab and Haryana alleging that even though they possess the same qualification and were appointed as instructors and were continuing as such, but with effect from 4.1.1961, pay scales of instructors in respect of 8 trades were changed whereas the respondents pay scales have not been changed. In the subsequent pay revision even though there has been no distinction but yet those group of persons who were drawing a higher scale of pay on the basis of their trades continue to get the same higher pay even though they are juniors to respondents and, therefore, the respondents should be entitled to get their pay by way of stepping up. The stand of the State, on the other hand, was that it is no doubt true that prior to 1961 all the instructors in Garde II irrespective of their trade were getting same scale of pay but subsequently in respect of instructors of 8 trades the pay scales were changed and respondents were not covered by those 8 trades. Some of the employees similarly situated as the respondents challenged the said classification by filing a Writ Petition which was ultimately dismissed and Letters Patent Appeal against the same was also dismissed and as such the matter become final. In 1970 the State Government revised the staffing pattern for instructors of Industrial Training Institutions/Centres and placed all the instrucutors in the pay scale of Rs. 160-400. While doing so, in respect of those instructors who were getting higher scale of pay numbering 181 were allowed to enjoy their earlier pay scale as personal to them and all the instructors were designated as instructors and not junior or senior. In the year 1976 the pay scale was further revised to Rs. 225 - 500 and the pay of individual instructor was fixed in the scale depending upon the salary he was drawing in the pre-existing scale. It is only in the year 1989 the respondents instructors filed the Writ Petition claiming the relief of step up on the allegation that their juniors are getting a higher amount. According to the stand of the State Government in view of the failure on the part of the respondents to assail the correctness of the classification providing different scale of pay made on the basis of their trade, inasmuch as the Writ Petition as well as the Letters Patent Appeal against the same having been dismissed, it is not open for them to re-open the matter. The further stand is that even when one pay scale was fixed by way of revision for all the instructors but those who were getting a higher scale of pay in pursuance to earlier order were allowed to continue in the said higher scale of pay as personal to them and necessarily in fixing their pay in the revised scale the amount they were drawing prior to revision has to be taken into account and thus question of stepping up of the respondents pay does not arise. The learned Single Judge allowed the Writ Petition No. 10506 of 1989 which judgment was upheld in Letters Patent Appeal out of which Special Leave Petition No. 4855 of 1995 arises. In the two other cases the earlier judgment of the said Court has merely been followed.

3. The learned counsel for the appellant submitted that the so-called division amongst the instructors giving a higher scale in respect of 8 trades and a lower scale in respect of the rest by virtue of Government s Order dated 23rd February, 1962, has become final and notwithstanding the fixation of one scale of pay for all