JUDGMENT :

NAMIT KUMAR, J.

1. The petitioner has invoked the writ jurisdiction of this Court by filing the present petition under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for quashing the order dated 29.07.2019 (Annexure P-12), vide which the claim of the petitioner for grant of pay scale equivalent to the post of clerk i.e. Rs.10300-34800+3200 grade pay, with effect from 03.10.2011/15.12.2011 has been rejected. Further, a writ of mandamus has been sought for directing the respondents to grant the said pay scale, along with arrears in view of the decision of this Court in CWP No.488 of 2015 titled as 'Gurbir Singh and others v. Punjab and Haryana High Court and another', decided on 16.01.2015.

2. The brief facts, as have been pleaded in the petition, are that the petitioner was initially appointed as a Peon in Punjab State Consumer Disputes Redressal Commission, Chandigarh (hereinafter referred to as 'Commission') in the year 2002 and is now governed by the rules known as the Punjab State Consumer Disputes Redressal Commission (Appointment and Condition of Service) Rules, 2009 (hereinafter referred to as 'Rules') (Annexure P-1). In terms of the applicable Rules, further promotion from the post of Peon may be made to two cadres, namely, to the cadre of Clerk or to the Restorer. Relevant portion from the said Rules reads thus:-

3. The petitioner was promoted to the post of Restorer, vide order dated 13.07.2005 (Annexure P-2) in the pay scale of Rs.3120- 5160. It has further been pleaded that the pay scale of the posts of Clerks and Restorers has remained the same since the year 1986. However, an anomaly was created, with effect from 03.10.2011/15.12.2011, when the pay scale of Clerks was further revised from Rs.5910-20200+1900 grade pay to Rs.10300-34800+3200 grade pay, whereas the corresponding revision in the pay scale of Restorers was not carried out, and the Restorers were instead granted the pay scale of Rs.5910-20200+2400 grade pay. A brief chart depicting the pay scales of both the posts since the year 1986 is as under:-

4. It is further pleaded that similarly situated persons like the present petitioner, who were working as Restorers in the Punjab and Haryana High Court were also affected and they immediately represented to the Hon'ble High Court to rectify the anomaly and for bringing the pay scale of the post of Restorers at par with that of Clerks. In pursuance to the said representation, given by Sh. Gurbir Singh and other Restorers, the Hon'be Punjab and Haryana High Court formed a Committee of the Hon'ble Judges and the said Committee recommended as under:-

“Item No.3: Representation dated 01.02.2012 from Sh.Gurbir Singh and other Restorers of this Court regarding rectification in anomaly in the pay scale of the applicants (i.e. Restorers)

It is shown to us from the record that as on 1.1.2006, the Clerks and the Restorers were in the same pay band and Grade Pay. In view of subsequent revision by the Government of Punjab vide notification dated 3.10.2011 and 15.12.2011, the pay band of the Clerks was revised to Rs.10300-34800. But the pay band of the Restorers was not revised. This has given rise to an anomalous situation which deserves to be rectified. The Committee, thus, after considering the matter recommends to the Government of Punjab to rectify the anomaly by granting to the Restorers the pay band of Rs.10300-34800 with Grade Pay of Rs.3200/-.”

5. Since the said recommendations dated 08.11.2012 (Annexure P-3) were not implemented by the State Government, the aggrieved Restorers approached the High Court by filing CWP No.488 of 2015 titled as 'Gurbir Singh and others v. Punjab and Haryana High Court and another', and other connected petitions. The said writ petitions were allowed by this Court, vide judgement dated 16.01.2015 (Annexure P-4) by directing the respondents to grant the same pay scale as that of Clerks to the Restorers along with interest @ 12% per annum to all such perso