IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 10.12.2024 Pronounced on: 08.01.2025 Gurpreet Singh and others ......Petitioners.

Versus State of Punjab and others ......Respondents CWP-6859 of 2024 Parminder Singh and others ......Petitioners.

Versus State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Argued by: - Mr. Karmanbir Singh Kharbanda, Advocate, for the petitioners in CWP-7369 of 2023.

Mr. Nikhil Anand, Advocate, for the petitioners in CWP-6859 of 2024.

Ms. Saguna Arora, AAG, Punjab.

NAMIT KUMAR, J.

1. This common order shall dispose of afore-mentioned two writ petitions as common questions of law and facts are involved therein. For the sake of brevity, facts are being taken from CWP-7369 of 2023 (Gurpreet Singh and others v. State of Punjab and others).

2. Petitioners have approached this Court by way of present petition under Article 226 of the Constitution of India seeking a writ of certiorari, quashing the action of the respondent-department whereby petitioners have been granted pay scale of Rs.10300-34800+4200 (GP) instead of pay scale of Rs.10300-34800+4400 (GP). Further prayer has been made for directing the respondents to grant the petitioners pay scale of Rs.10300-34800+4400 (GP) instead of Rs.10300-34800+4200 (GP) from the date of their appointment and release all the consequential benefits, along with interest @ 18%. Further direction has been sought to the respondents to place the petitioners in higher level i.e. Level 11 in terms of the Punjab Civil Services Revised Pay Rules and Punjab Cooperative Audit (Group-B) Service (Second Amendment) Rules, 2021 (Annexure P-21) instead of placing them in lower level i.e. Level 10.

3. Brief facts of the case, as have been pleaded in the petition, are that the petitioners are working as Inspector Audits in the respondents-department. They were appointed through direct recruitment after the selection made by the Punjab Public Service Commission and they joined the services in the year 2018. Earlier, there was a post with nomenclature of ‘Junior Auditors’ in the respondent-department and the Juniors Auditors were being promoted to the post of Inspectors Audit. On the recommendations of the Second Pay Commission, the Government of Punjab merged the post of ‘Junior Auditor’ with the post of ‘Inspector Audit’ with effect from 01.01.1978 vide order dated 03.06.1980, as the revised grade of both cadres was the same. Accordingly, there was no cadre of Junior Auditor in the Cooperative Department w.e.f. 01.01.1978. As Inspector Audit (earlier Junior Auditor) were given the pay scale of Rs 1500-2600 w.e.f. 01.01.1986, whereas the Assistants/Accountants working in various departments were given the higher pay scale of Rs 1800-3200, the Junior Auditors of various departments approached this Court by filing CWP No. 14667 of 1991 and other connected petitions for grant of same pay scale as being paid to Assistants/Accountants of other departments on the ground that the post Junior Auditors was considered equivalent to Assistant/Accountant right from year 1969. It is further pleaded that Junior Auditors (Inspector Audits) of the respondent Co- operative department also filed a writ petition bearing CWP No. 2216 of 1992, which was also tagged with the afore-said writ petition and all the connected matters were decided by this Court vide judgment dated 06.12.1993 (Annexure P-2), whereby all the writ petitions were disposed of in terms of earlier judgment of Division Bench in the case of Hardaljit Singh v. State of Punjab, CWP No. 7807 of 1991, decided on 31.01.1991 and Junior Auditors were granted the pay scale of Assistants/Accountants. Against the said judgment, State filed an LPA No. 418 of 1994 and the said appeal was dismissed by a Division Bench vide order dated 25.07.1994 (Annexure P-3), by observing that the issue of merger of any post is a question of fact which will be determined by the department. Against the said judgment, SLP