HC quashes Punjab notification dividing patwaris into 2 categories
Says it seeks to create artificial classification and discrimination between similarly placed persons and violates Article 14 of the Constitution
The Punjab and Haryana high court has quashed a February 1991 notification on dividing posts of patwaris into two categories of junior and senior patwaris.
“The notification dated 25.02.1991 seeks to create artificial classification and discrimination between the similarly placed persons and violates Article 14 of the Constitution of India as similarly placed persons have been classified differently without any basis. The notification is thus, arbitrary and is accordingly quashed and set aside to the extent of dividing the patwaris into two categories and granting two different pay scales,” bench of justice Sanjeev Prakash Sharma held, further ordering that all petitioners would be placed in the higher pay scale of ₹1,350-2,400 as has been given to the senior patwaris and pay fixation would be done accordingly within a period of four months. The arrears shall also be released in their favour, it added. Some of the petitions in the dispute were pending since 2003.
As per lawyer Anil Malhotra, earlier, patwaris working in the revenue department were commonly placed in the same pay scale. However, in 1991, the cadre was split into two parts. Their qualification for appointment, conditions of service were the same, also no different pay scale was stipulated in the service rules. They performed the same duties, functions and job responsibilities without any distinction or difference of job description, Malhotra said adding that the pay scale was bifurcated only for the limited period when the third pay commission recommendations were enforced.
The court did not agree with the argument from the state that the same was made in order to avoid stagnation. “If stagnation is the criteria, the same would apply to all patwaris. However, while making recommendations, the fourth pay commission and onwards, the cadre has remained the same,” the bench recorded adding that artificially two different pay scales have been created. It also noted that there is no channel of promotion from junior patwaris to senior patwaris. “Classification made is therefore, artificial and cannot be allowed on the anvil of Article 14 of the Constitution of India,” it said while quashing the 1992 notification and adding that stability is required to be maintained for grant of the pay scale to all persons in the cadre.
