The main legal point established in the judgment is the requirement for establishing parity in pay scales based on comparative job evaluation and equation of posts, and the burden of proof on the petitioners to establish such parity.

JUDGMENT :

NAMIT KUMAR J.

1. This judgment shall dispose of CWP Nos.16709, 17293, 18137, 14794 and 16814 of 2017, as common questions of law and fact are involved for adjudication. For the sake of convenience, facts are taken from CWP No.16709 of 2017.

2. The present writ petition has been filed by the petitioner(s) invoking the jurisdiction of this Court under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature of mandamus, directing respondents No.1 to 3 to take a final decision on letter dated 04.02.2016 (Annexure P-2), whereby the approval has been granted by the Board of Directors in the meeting held on 11.01.2016, whereby it was approved to send the case of pay-scale of officers/officials of different categories, for removal of anomalies in their pay-scales, as per the details given in agenda Item No.2 and it was requested that approval may be given to remove the anomalies in the pay-scales of officers/officials of the Mandi Board.

3. Brief facts, as have been pleaded by the petitioners in the present writ petition, are that the petitioners are employees of Punjab Mandi Board Market Committees and are working as Mandi Supervisors-cum-Fee Collectors and Auction Recorders. The case set up by the petitioners in the writ petition is that prior to 01.12.2011, the pay-scales of Mandi Supervisors were at par with Senior Assistants and similar was the position with regard to the post of Auction Recorders, whose pay-scale was also same as that of Junior Assistants and whereas w.e.f. 01.12.2011, after revision of pay-scales, anomaly has been created and the Senior Assistants have been placed in a higher Grade Pay of Rs.4400/- than that of Mandi Supervisors and similarly, Junior Assistants have been placed in a higher Grade Pay than that of Auction Recorders. The comparative chart with regard to above posts reproduced in the writ petition(s), showing their pay-scales and grade pay is reproduced, which reads as under:-

4. It has been further averred that the said anomaly has been crept in for the reason that since there is no post of Mandi Supervisor and Auction Recorder in the State of Punjab, therefore, the Notification dated 01.12.2011, is silent about these two posts and since there was an anomaly, therefore, the matter was taken up by the Punjab Mandi Board in the meeting of Board of Directors, held on 11.01.2016, whereby it was approved to send the case of pay-scales of officers/officials of different categories, for removal of anomalies in the pay-scales, as per the details given in agenda Item No.2 and it was requested that approval may be given to remove the anomaly in the pay-scales of officers/officials of the Mandi Board and since no action was taken by the respondent/State, therefore, the State President of Punjab Market Committee Employees Union sent a legal notice dated 11.05.2016, to the respondents for enhancing the Grade Pay of Mandi Supervisors and Auction Recorders. However, no action has been taken by the respondents, therefore, the instant writ petition has been preferred by the petitioners and a writ in the nature of mandamus, has been sought for directing the respondents to take a final decision on letter dated 04.02.2016 (Annexure P-2).

5. On issuance of notice of motion, separate replies have been filed by respondent No.1/State and respondent N