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SANJEEV PRAKASH SHARMA
Baljinder Singh – Appellant
Versus
State of Punjab – Respondent
SANJEEV PRAKASH SHARMA, J.
1. Since all the above titled petitions i.e Civil Writ Petition No.5382 of 2003, No.16546-2009, No.16836-2012, No.1985-2014, No.2128-2014 and No.15464-2012, raise the common questions of law, therefore, are being decided by a common order. For convenience, facts are being taken from CWP No.5382-2003.
2. The petitioners by way of this writ petition assail the notification dated 25.02.1991 issued by the respondents whereby the post of Patwari has been split in two parts; Junior and Senior Patwaris and further different pay scales have been allocated to Senior Patwaris and Junior Patwaris as 1350-2400 and 950-1800 with different allowances by dividing the total number of posts of Patwari to 50% each.
3. Brief facts which require to be noticed are that earlier the Patwaris working in Revenue Department of Punjab Government were commonly placed in the same pay scale by the 1st pay commission as well as by the 2nd pay commission. On 01.01.1978, Patwaris were granted two tier pay scale 400-660 and selection grade of 510-800. In 1988, the Patwaris were granted the same pay scale w.e.f 01.01.1986. However, on 25.02.1991, the Cadre of Patwaris was split into two parts
The main legal point established in the judgment is that the division and classification of Patwaris into Junior and Senior categories without any basis was arbitrary and violated the constitutional ....
The determination of pay scales is the exclusive domain of the state, and courts should only intervene in cases of constitutional violations.
Direct appointees entitled to pay parity with transferred employees and departmental counterparts performing identical duties, as unequal pay scales violate Articles 14/16; courts rectify arbitrary a....
State's selective deviation from followed pay pattern without objective justification, failing to reflect grade pay enhancement in basic pay and initial start, creates anomaly violating Articles 14 a....
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