Surya Kant, J.:— The petitioner, who was working as an Assistant Executive Engineer in the Punjab State Electricity Board (hereinafter referred to as ‘the Board’) and has since retired, has approached this Court for issuance of a writ in the nature of certiorari for quashing the order dated 13.9.2000 (Annexure P-6) whereby his representation for correct fixation of his pay with effect from 1.1.1996 has been rejected. He also seeks a direction to the Board to re-fix his pay with effect from 1.1.1996 in the pay scale of Rs. 15,500 - 21,000, namely the pay scale in which the pay of his juniors had been fixed.
2. The petitioner, a diploma holder, joined the Board as a Junior Engineer (Civil) on 19.5.1962 and was thereafter promoted firstly as Sub-Divisional Officer/Assistant Engineer (Civil) and then as Assistant Executive Engineer on 20.1.1988 In the seniority list of Assistant Engineers (Civil), as it stood on 30.6.1988 (Annexure P-1), the petitioner is placed at Serial No. 124 whereas Sarvshri Kirpal Singh Mangat and Raj Kumar Garg are placed at Serial Nos. 129 and 132 respectively. The Board revised the pay scales of its employees with effect from 1.1.1996, while the pay of the petitioner was fixed at Rs. 12,900/-, that of his juniors was fixed at Rs. 15,350. The petitioner represented before the authorities to remove this anomaly but having found no response, approached this Court in C.W.P No. 8255 of 2000 which was disposed of vide an order dated 6.7.2000 with a direction to the Secretary of the Board and/or the competent authority to take a decision upon pending representation made by the petitioner. Pursuant to these directions, the Board passed the order dated 13.9.2000 (Annexure P-6) and rejected the claim of the petitioner which has further led him to approach this Court again.
3. Notice of motion was issued and in response thereto written statement has been filed on behalf of the Board. We have heard Shri Rakesh Garg, learned counsel for the petitioner in support of the prayer made in this writ petition and Shri Kapil Kakkar, learned counsel for the Board and have also perused the record.
4. On a perusal of the impugned order dated 13.9.2000 (Annexure P-6), we find that the Board has come up with a strange reasoning that though there exists an anomaly in the fixation of pay of the petitioner in the revised pay scale granted with effect from 1.1.1996, however, the same is incurable under the existing instructions issued by it. It will be beneficial to extract the relevant part of the aforementioned order which reads as follows:—
“Whereas the PSEB has laid down guidelines for clearing of pay anomaly cases in old scales (pre-revised scales). The guidelines have been calculated vide Secy./PSEB Finance Section memo No. 116493/117293 dated 1.6.94 The abstract of instructions as under
(a) xxx xxx xxx
(b) xxx xxx xxx
(c) xxx xxx xxx
(d) xxx xxx xxx
(e) xxx xxx xxx
(f) xxx xxx xxx
(g) xxx xxx xxx
Whereas the case of Ex. T.R Bansal, AEE/Retired is not covered under the above instructions since Sh. Kirpal Singh Mangat/AEE and Sh. Raj Kumar Garg/AEE (now Senior Executive Engineers) while working as JE/Civil applied for the post of AE under direct recruitment category and were selected for the post of AE and on their election they were offered the post of AE/Trainee (Civil) vide Secretary/Board memo No. 101626.EBP-2701 dated 21.8.78 and memo No. 101641.EX/EBP-2706 dated 21.8.78 respectively, whereas Er. T.R Bansal was promoted from the post of JE/Civil to AE vide office Order No. 81.BE dated 4.9.1979 and subsequently he was allowed promotion to AE/Civil retrospectively w.e.f 3.8.77 vide Secretary, PSEB Office Order No. 132.BEG dated 4.2.82
Whereas the Board has not yet finalized and issued any instructions' for removing pay anomaly case ir the revised pay scale effective from 1.1.1996
Whereas taking into consideration of all aspect of the case, the competent authority has observed that the pay anomaly case Er. T.R Bansal AEE/Retired with Er. Kirpal Singh Mangat/AEE and Er. Raj Kumar Garg/AEE (now Executive Engineers) is not covered under the instructions issued by the Board and hence rejected.”
(emphasis ours)
5. It can, thus, be seen that while attempting to justify the pay fixation which has caused payment of lesser emoluments to the petitioner as compared to his juniors, shelter has been taken behind their source of recruitment, namely, that in the feeder cadre the petitioner was appointed by way of promotion whereas his juniors were appointed by direct recruitment. In the next breath, however, it is candidly admitted that the pay anomaly case of the petitioner is not covered under clauses (a) to (g) of the instructions dated 1.6.1994 issued on the subject of removal of pay anomalies.
6. Coming to the pleadings, we further find that the stand taken by the Board to deny the fixation of pay to the petitioner as on 1.1.1996 at par with his juniors, is to the following effect
“13(i) That in reply to sub-para (i) of the writ petition it is submitted that the petitioner was promoted as AE from the post of S.O whereas Engineer Kirpal Singh Mangat and Engineer Raj Kumar Garg both AEE (Now Senior Executive Engineers) while working as S.O Civil applied for the post of A.E Civil under Direct Recruitment and were selected for the post of A.E Civil and given fresh appointment letters. The opportunity to apply for Direct Recruitment for the post of Asstt. Engineer was given to all the entitled employees including Engineer T.R Bansal. The Board advertised the post of A.E Civil to be filled through direct recruitment in which the existing Board employees were also made eligible and were given opportunity to apply but the same was not availed by the petitioner. Further, Er. T.R Bansal was getting pay of Rs. 4750/- in the pre-revised scale of Rs. 2000-4250 with initial start of Rs. 2400/- prior to 1.1.1996 whereas Er. Kirpal Singh Mangat and Er. Raj Kumar Garg who were junior to him also getting pay Rs. 4750/- prior to 1.1.1996 in the pre-revised scale of Rs. 4500/6300. The pay scale of Er. T.R Bansal was lesser than that of his juniors S/Sh. Raj Kumar Garg and Kirpal Singh Mangat. The pay of petitioner was rightly fixed at Rs. 12,900/- on 1.1.1996 in revised conversion scale of Rs. 7500/13700 with initial start of Rs. 7700/-. Whereas the pay of his junior was fixed at Rs. 15,350/- at minimum of the revised conversion scale of Rs. 15350/21600.”
7. True it is that Article 16 does not debar a reasonable classification of the employees provided that such classification is made with reference to the objective to be achieved. Similarly, the State is not precluded from classifying the services into cadres or grades on the basis of higher and lower qualifications, as held by the Apex Court in (i) K. Naryanan v. State of Karnataka, 1994 Supp (1) SCC 44 : AIR 1994 SC 55 : [1993 (5) SLR 290 (SC)]; and (ii) P. Murugesan v. State of Tamil Nadu, (1993) 2 SCC 340 : [1993 (1) SLR 830 (SC)]. However, interference by the Court is inevitable when the differences between the two groups of recruits are not sufficient to give preferential treatment to one against the other, namely, where there is no reasonable nexus between the differences and/or the recruitment, as observed by their Lordships of the Supreme Court in a catena of judgments including (i) Union of India v. Dr. (Mrs.) S.B Kohli, (1973) 3 SCC 592 : AIR 1973 SC 811; (ii) D.D Joshi v. Union of India, (1983) 2 SCC 235 : AIR 1983 SC 420 : [1983 (1) SLR 552 (SC)]. Still further, since Article 16 is a species of Article 14, the requirement of non-arbitrariness and fairness is also an essential component of Article 16. (Ref. Delhi Transport Corporation v. D.T.C Mazdoor Congress, 1991 Supp (1) SCC 600 : AIR 1991 SC 101) : [1990 (5) SLR 311 (SC)].
8. However, differential treatment based upon academic qualifications, nature of duties, and/or length of service for the purpose of granting higher pay scales etc. are well known instances of reasonable, fair and just classifications.
9. Applying these principles to the facts and circumstances of the case in had, it is, clearly spelt out from the order dated 13.9.2000 (Annexure P-6) as well as from the written statement that it is not the case of the Board that juniors to the petitioner have been granted higher pay scale and/or some additional increments either on account of their higher academic qualifications or for some special nature of duties. Rather, the fixation of pay of the petitioner at a stage which is lower than that of his juniors is sought to be justified merely on the mode of their entering into the feeder cadre, namely, the petitioner coming as a promotee whereas his juniors as direct recruits.
10. Can the source of recruitment by itself be a valid ground for classification for the purpose of grant of higher scale of pay, was considered and negatived by a Division Bench of this Court (to which one of us S.S Nijjar, J is a Member) in the case of Bhakra Beas Management Board v. Rajinder Singh Patpatia, 2002 (1) RSJ 32 after holding as follows:—
“A perusal of the above regulation shows that Regulation 10.2 deals with Circle Head Draftsman and Chief Head Draftsman. It requires only possession of diploma. Hence, it does not require the qualification of degree or A.M.I.E as contended by Shri D.S Nehra. The circular letter dated 25.4.1990 (supra) is not confined only to the category of those who have been given promotion under Regulation 10.4 Therefore, the basic argument of Shri D.S Nehra that degree/A.M.I.E qualification is required for the purpose of earning the scale of Rs. 4500-6300 after completion of 16 years of service is not supported by the reading of Regulation which deals with Circle Head Draftsman as the case of the petitioner. Moreover, by deeming fiction all promotees having been treated as direct recruits and there is no requirement for them to possess degree/A.M.I.E qualifications. Any other construction of the circular would render Clause 2 of the circular referred to in the preceding para as otiose and illusory. We are of the considered view that the benefit of higher scale of pay cannot be confined by the B.B.M.B to those engineers who have come from P.S.E.B only. The benefits are meant for all the engineers working in the B.B.M.B who are covered by circular letter dated 24.5.1990 (supra) whether they have come from P.S.E.B or from any other organisation. The B.B.M.B has adopted the circular dated 24.5.1990 for its application to the engineers working with them. The petitioner was promoted as A.D.E/S.D.O on 25.4.1971 and was regularised as such w.e.f 1.5.1979 He completed 16 years of service in the year 1987 much before the date of his superannuation i.e 30.11.1990 Another reason for taking the view that the petitioner is entitled to the benefit of circular dated 24.5.1990 is that these are beneficient provisions made for the breaking of stagnation to bring efficiency in the working of the officers. The petitioner has since retired on 30.11.1990, no prejudice is likely to be caused to any employee in the service.”
(emphasis applied)
11. For the reasons afore-mentioned, we allow this writ petition, quash the order dated 13.9.2000 (Annexure P-6) and direct the Board to re-fix the pay of the petitioner in the revised pay scale with effect from 1.1.1996 at par with his juniors and to grant him the consequential arrear within a period of two months from the date of receipt of a certified copy of the order failing which the petitioner shall be entitled to interest at the rate of 7% per annum upon such arrears. No order as to costs.
12. Petition allowed.