IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on : 09.12.2025 Pronounced on : 12.12.2025 Uploaded on : 12.12.2025 Kesar Singh and others ........Petitioners versus State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Argued by : Mr. R.K. Arya, Advocate for the petitioners.

Mr. Satnampreet Singh Chauhan, D.A.G., Punjab.

*****

NAMIT KUMAR, J. (ORAL)

1. The petitioners have invoked the writ jurisdiction of this Court by filing the instant petition under Articles 226/227 of the Constitution of India, seeking a writ of certiorari for quashing the order dated 04.08.2021 (Annexure P-5) passed by respondent No.2, whereby the claim of the petitioners for grant of pay scale at par with the posts of Clerks has been rejected. Further, seeking a writ of mandamus, directing the respondents to rectify the anomaly in the pay scale of the petitioners viz a viz the Clerks and pay the arrears of revised pay, conveyance allowance along with special pay w.e.f. 01.12.2011, with interest @

18% per annum.

2. The brief facts, as have been pleaded in the petition, are that the petitioners joined the respondent-Department i.e. Hospitality Department, Civil Secretariat, Punjab, Chandigarh as Mates (Class IV) and they were further promoted to the posts of Cook/Butler/Halwai and petitioner No.12 was further promoted to the post of Steward. Their service particulars, as given in para 2 of the petition, are as under :-

Sr. Name Working Place Date of Promoted Promoted No. Appointment as Cook/ as Halwai/ Steward Butler

1. Kesar Singh Mini Secretariat, 10.01.1986 1995 -

Sector-9, Chandigarh

2. Man Singh Civil Secretariat 11.1986 1995 -

Punjab, Chandigarh

3. Suram Chand Civil Secretariat 02.12.1993 20.08.2007 -

Punjab, Chandigarh

4. Kuldeep Punjab Bhawan, 04.03.1987 11.2020 -

Singh Sector-3, Chandigarh

5. Khasti Punjab Bhawan, 01.07.2011 02.2020 -

Ballabh Sector-3, Chandigarh

6. Babu Ram Civil Secretariat 1994 2003 -

Punjab, Chandigarh

7. Salinder Civil Secretariat 01.1994 01.2016 -

Singh Punjab, Chandigarh

8. Subhash MLA Hostel, Sector- 01.06.1995 2015 -

Chander 4, Chandigarh

9. Sandeep MLA Hostel, Sector- 03.03.1992 2018 -

Barua 4, Chandigarh

10. Sohan Lal Punjab Bhawan, 04.03.1987 24.09.2018 -

Sector-3, Chandigarh

11. Nandan Punjab Bhawan, 04.03.1987 2016 -

Singh Sector-3, Chandigarh

12. Narinder Punjab Bhawan, 26.02.1988 2012 09.2018 Singh Sector-3, Chandigarh

13. Durga Dass Mini Secretariat, 22.05.1984 2003 -

Sector-9, Chandigarh

14. Ranjeet Punjab Bhawan, 01.07.2011 2019 -

Kamat Sector-3, Chandigarh

15. Karam Chand Mini Secretariat, 01.1994 2015 -

Sector-9, Chandigarh

16. Gurnam Mini Secretariat, 07.2011 08.2019 -

Singh Sector-9, Chandigarh

17. Anil Kumar Vidhan Sabha, 1995 08.2006 -

Chandigarh

18. Shankar Lal MLA Hostel, Sector- 02.04.1991 2018 -

4, Chandigarh

19. Satpal Civil Secretariat 20.06.1995 08.2014 -

Punjab, Chandigarh

20. Vijay Singh Punjab Bhawan, 05.06.1995 12.12.2017 -

Sector-3, Chandigarh

2(i) It has further been pleaded that the posts of Cook/Butler/

Halwai and that of Clerks were placed in the same pay scale since the year 1987. In the year 1987, all these posts were in the pay scale of Rs.400-660; in 1994, in the pay scale of Rs.950-1800; in 2006, in the pay scale of Rs.3120-5160 and in 2010, in the pay scale of Rs.5910- 20200+1900 Grade Pay. However, on the recommendations of 5^th Punjab Pay Commission, Government had notified revised pay scales of various categories of employees and the grade pay of Clerks was further revised by the respondent-Department, vide notification dated

03.10.2011 from Rs.1900/- to Rs.2400/- in the following manner :-

2(ii) Thereafter, the Government issued another notification dated 15.12.2011 further revising the pay scale/grade pay of Clerks as under :-

2(iii) The grievance of the petitioners is that although, the Clerks have been granted the grade pay of Rs.2400/- w.e.f. 01.10.2011 and Rs.3200/- w.e.f. 01.12.2011, however, the same has not been granted to the petitioners category despite the fact that the respo