Advocates:
Advocate Appeared:
For the Appellant :Mr. Anil Malhotra, Advocate
For the Respondent: Mr. Satnam Preet Singh, DAG, Pu

JUDGMENT :

Aman Chaudhary, J.

The prayer made in the present petition is for directing the respondents to grant pay scale of Rs.1350-2400/- to the petitioner w.e.f. 25.02.1991.

2. Learned counsel would submit that the petitioner, who is working as Patwari in the Revenue Department was granted lower pay-scale than Rs.13502400/- based on notification dated 25.02.1991 vide which the post of Patwaris stood split into two parts i.e. junior and senior patwaris, that has since been quashed by this Court vide judgment dated 04.08.2023 passed in a batch of petitions, with leading CWP-5382-2003, Baljinder Singh and others vs. State of Punjab and others. He thus prayed that the instant petition may be disposed of in the same terms, relevant paras of which read thus:

"9. The Punjab Revenue Patwaris Class III Service Rules,1966 Revenue Department lays down the Rules of Selection and Appointment of Patwaris. There is no bifurcation in the Rules of Patwaris into Senior and Junior Patwaris. The method of appointment is same for all Patwaris. The seniority inter se members of the service as per Rule 15 is maintained districtwise and is to be determined by the length of continuous service. Rule 15 of seniority and Rule 16 regarding pay are quoted here as under:-

10. Facts as have been noticed above while recording the contentions of the petitioners reflect that the pay scale of Patwaris has been bifurcated only for the limited period when the 3rd pay commission recommendations were enforced. The contention of the respondents that the same was made in order to avoid stagnation is found to be without any basis. If the stagnation is the criteria, the same would apply to all the Patwaris. However, while making recommendations, the 4th pay commission and onwards, the Cadre has remained the same. The pay scale has also remained the same for all the Patwaris. But on account of change of pay scale of 50% Patwaris in the grade of Rs.1800-3200 and the remaining in 1640-2925, a cascading effect has occurred as is seen from the table noticed above and although the pay scales under the 4th pay commission and thereafter done, drew differences between the pay scales of the Patwaris. Artificially two different pay scales as denied to be provided to 50% Patwaris who are senior in comparison to the 50% Patwaris who are junior.

11. However, it is an admitted position that there is no channel of promotion from the Junior Patwaris to the Senior Patwaris. Classification made is therefore, artificial and cannot be allowed on the anvil of Article 14 of the Constitution of India.

12. In Union of India v. Dineshan K.K.'s case (supra), it has been held as under:-

13. In State of Punjab and others v. Senior Vocational Staff Masters Association and others's case (supra), the Apex Court has held as under:-

14. In Gurdev Singh and another v. State of Punjab vide CWP No.1748 of 1995, decided by the Division Bench on 28.11.1995, this Court was examining the similar notification issued in respect of Craft Instructors Grade II whereby 50% of the Instructors were given pay scale of Rs.1800-3200 while the remaining 50% were granted grade of 1640-2925 w.e.f 01.01.1986 on the basis of seniority after considering the various aspects, this Court has held as under:-

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17. In contradistinction of above, in the present case, where the Cadre of Patwari is same, method of selection is same and the post is same, merely because a person in the seniority list of Patwaris above, it would be a fortuitous circumstance as to who may fall within the first 50% of the seniority list of Patwaris. As and when a person may retire, the next would claim higher grade. Seniority being a volatile incident of service as a person may go up in the seniority on account of senior persons being promoted or retired or having expired. The pay of such individual Patwari cannot be allowed to be changed on such circumstances and a stability is required to be maintained for grant of the pay scale to all persons in the Cadr