JUDGMENT

Mr. Sanjeev Prakash Sharma, J.

The petitioners have preferred this writ petition praying for higher pay scales by taking into account their previous services rendered in the other departments on adhoc and regular basis and accordingly make their pay fixations and release the arrears of salary along with interest.

2. The petitioners have stated that they were appointed as Clerk / Typists vide order dated 03.09.1981 in the pay scale of Rs. 400-600 with allowances. At the time of appointment, it was directed that their pay would be protected and the period rendered in the earlier departments would also be taken into consideration for the purpose of grant of step up increments on completion of 8 years and 18 years. The revised pay scale Rules, 1988 were notified on 15.06.1990 and the Ministerial Establishment was placed in the scale of Rs. 950-1800, Rs. 1200-2100 and Rs. 1500-2640 on completion of 5 years and 10 years of service respectively.

3. Learned counsel for the petitioners has submitted that the previous services rendered by the petitioners on adhoc and regular basis in the various departments prior to joining as a Clerk on 03.09.1981 should be taken into consideration for granting the aforesaid benefit of 5 years and 10 years of higher scale of Rs. 1200-2100 and Rs. 1500-2640. He relied upon judgment passed by Hon'ble Supreme Court in Smt. Renu Mullick v. Union of India reported in 1994 AIR 1152 SC and Union of India v. C.N.Ponnappan reported in 1996 AIR 764 SC.

4. Per contra, learned counsel for the State has opposed the prayer and submitted that the number of years of service as required for grant of pay scale of Rs. 1200-2100 and Rs. 1500-2640 is on the post of a Clerk in the Department. It is not meant for the services rendered in previous departments as the pay scale is being granted in lieu of promotion.

5. Having considered the aforesaid submissions, this Court finds that the petitioners were offered appointment on the post of a Clerk in the pay scale of Rs. 400-600 by way of transfer. The appointment was temporary in nature and one of the condition of appointment was that if there is no vacant post on which they can be adjusted, they will be reverted to their parent department at any time without any notice.

6. From perusal of the schedule annexed to the writ petition, it appears that the petitioners were all regularized before they joined the Director of Public Instructions (Schools), Punjab, Chandigarh. The date of regularization has been mentioned in Annexure P-1, which has not been denied.

7. In terms of notification dated 15.06.1990, the pay scale of Rs. 950-1800, Rs. 1200-2100 and Rs. 1500-2640 are the various pay scales payable to the Clerks upon completion of 5 years service as Clerk and 10 years of service to the extent of 40% and 40% of the total cadre strength while the initial pay scale would be Rs. 950-1800 for all. The question of protection of pay of an employee is to be seen at the time of initial entry of service.

8. Thus, if any person in his earlier department was drawing pay of Rs. 950 or more would continue to draw the said salary while working as a Clerk in the present department. However, if the salary in his previous department is more than the maximum amount i.e Rs. 1800, the same shall remain protected to him alone individually and he will continue to draw the same pay scale even though he may complete five years of service as the same would be less than the maximum of the next pay scale Rs. 1200-2100. The concept of pay protection has to be read in the present pay sc