JUDGMENT :

Aman Chaudhary, J. (Oral)

1. These cases involve similar issues and therefore, are being disposed of together and for the sake of brevity, the facts are taken from CWP-3928-2002.

2. Prayer made in the present petition is for directing the respondents-State to grant the pay scale of Rs.7880-13,500/- with an initial start of Rs.8,000/- alongwith the four tier scale w.e.f. 01.01.1996.

3. The petitioners are/were working as Works Manager, few of whom as direct recruitees possessing the qualifications of Degree and few as promotees possessing matriculations and diploma, the requisite qualifications for the same, petitioner No.1 was further promoted to the post of General Manager while petitioner No.2 on the officiating basis. They were given parity vide notification dated 15.02.1990 with the Assistant Mechanical Engineers and Assistant Divisional Managers, in the scale of Rs.2200-4000/-. The recommendations of the 3rd Pay Commission were in favour of the petitioners, however, it is in the 4th Pay Commission that the parity came to be broken. The Director, State Transport, vide Annexure P-7, had proposed that the Works Managers be placed in the pay scale at par with the Sub Divisional Engineers in PWD, which was duly recommended by the Additional Secretary, Transport. Thereafter, the Sub Divisional Engineers were granted the higher 4th tier pay scale while that of the petitioners came to be rejected, the only Sub Divisional Engineers were placed in the scale of Rs.7880-13500 at entry level, Rs.10025-15100 after 8 years of regular service in the entry scale and Rs.14300-18150/- after 16 years of regular service in the entry scale, while that of the others would remain the same, including that of the Transport Department and Rural Development and Panchayats, vide report of the Anomalies Committee (Annexure P-9).

4. The Sub Divisional Engineers of the Department of the Rural Development and Panchayats, by way of CWP-17715-2007, titled as 'Dhiraj Goel and others vs. State of Punjab and others, sought the parity with the Sub Divisional Engineers, PWD (B & R), who had been granted the aforesaid pay scale, which was allowed, vide judgment dated 11.05.2009, relevant portion thereof reads thus:

"I have heard learned counsel for the parties at length. It is also necessary to take note of the fact that the State Govt. has thereafter made recruitment of the Sub Divisional Engineers in the Department of Rural Development & Panchayat in the year 2000 vide order dated 31.3.2000 in the pay scale of Rs.7880-135600 with initial start at Rs.8000/-.

In view of the above circumstances, the contention of the respondents-State that such of the Sub Divisional Engineers, who are working in the Department of Rural Development & Panchayat are to be placed in a lower scale whereas the Sub Divisional Engineers, who are recruited in the year 2000 are entitled higher pay scale, is totally unwarranted and in contravention to mandate of Articles 14 & 16 of the Constitution. There cannot be a class within class. Once the entire cadre in all departments is placed in higher pay scale based upon the recommendations of the 4th Pay Commission and the recommendations have been accepted by the State and translated in to statutory rules, the petitioners cannot be discriminated against or given hostile treatment in the matter of grant of the pay scale.

In the totality of the circumstances, this petition is allowed. The impugned order dated 9.1.2009 ordering recovery from the petitioners is hereby quashed and it is directed that the petitioners shall be deemed to have been placed in the pay scale of Rs.7880- 13500 in accordance with the mandate of the pay revision rules as notified vide notification dated 19.5.1998. Needless to say that they will be entitled to the benefit of all the subsequent pay revision, if any.

5. The Assistant Mechanical Engineers of the Transport Department approached this Court by filing CWP-10823-2003, titled as Sarabjit Singh Khokhar and others vs