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2026 Supreme(Online)(P&H) 78426

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NARAIN RAM AND OTHERS – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent
CWP_11333_2026



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision : 17.04.2026 Narain Ram and others …..Petitioners Versus State of Punjab and others ....Respondents CORAM: HON’BLE MR. JUSTICE NAMIT KUMAR Present : Mr. Sukhdip Singh Brar, Advocate with Mr. Udeyveer Singh Brar, 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 under Articles 226/227 of the Constitution of India, seeking issuance of a writ of mandamus, directing the respondents to grant the petitioners the pay scale of Rs.1200-2100 from the date of their joining/retrospectively i.e. 01.01.1986, with all consequential benefits such as arrears of pay/pension etc.

2. Learned counsel for the petitioners submits that pursuant to the report of the Pay Commission for the year 1967-68, all the posts of Sub Inspectors including those of Horticulture Supervisor and Nursery Supervisor, Compost Inspector and Grading Assistants were clubbed together and consequently, 60% were granted the pay scale of Rs.130- 200 and the senior most 40% were granted the pay scale of Rs.140-300. However, in the Second Pay Commission, the posts of Compost Inspector, Agriculture Sub Inspector, Horticulture & Vegetables Supervisor were granted the pay scale of Rs.450-800, whereas the post of Grading Assistants was granted the lower pay scale of Rs.400-660 and this anomaly was occurred only for the reason that the Second Pay Commission was never informed by the Department that the Grading Assistants were in the pay scale of Rs.130-250 & Rs.140-300 and were getting the same pay scale which is being granted to other categories of posts mentioned above. He further submits that the petitioners, who had joined the Department of Agriculture, Punjab, as Grading Assistants are entitled for the pay scale of Rs.1200-2100 w.e.f. 01.01.1986 as has already been granted to the Agriculture Sub Inspectors. He has placed reliance upon the judgment dated 14.07.2023 passed by this Court in CWP-6205-1986 titled as ‘Ajmer Singh and others Vs. State of Punjab and others’, whereby the similarly situated employees have been granted the pay scale of Rs.1200-2100 w.e.f. 01.01.1986 upto

18.10.1992.

3. On receipt of advance copy of the petition, learned State counsel appears on behalf of the respondents-State and submits that the petitioners are claiming pay scale of Rs.1200-2100 w.e.f. 01.01.1986 and they have approached this Court only in April 2026, after a delay of more than 40 years. Therefore, the instant petition deserves to be dismissed on the ground of delay and laches.

4. I have heard learned counsel for the parties and perused the relevant documents.

5. All the petitioners except petitioners No.22 & 24 have retired from service between the years 2011 to 2026. The grievance of the petitioners is that in pursuance to the report of the Pay Commission for the year 1967-68, the petitioners, who belong to the category of Grading Assistants in the Punjab Agriculture Department, were placed in the pay scale of Rs.130-200 for 60% and Rs.140-300 for 40% equivalent to the posts of Compost Inspector/ Agriculture Sub- Inspector/Horticulture and Vegetables Supervisors. At the time when the Second Pay Commission was constituted for the revision of pay-scales of the employees, the Department of Agriculture had not put forth the correct position before the Second Pay Commission, wherein the grade pay of the Grading Assistants has been shown as Rs.130-250 for all the posts, whereas it was actually Rs.130-250 for 60% and Rs.140-300 for 40%. Since the wrong/incomplete information was put before the Second Pay Commission, it recommended the pay scale of Rs.450-800 for the posts of Compost Inspector, Agriculture Sub Inspector, Horticulture & Vegetables Supervisors and lower pay scale of Rs.400- 660 for the post of Grading Assistants due to which an anomaly was created. Now the petitioners are claiming pay scale of Rs.1

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