IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 202 1. CWP-7841-2017 Date of decision: 15.07.2026 Mohinder Pal .....Petitioner Versus The Punjab State Cooperative Supply & Marketing Federation Limited and others .....Respondents 2. CWP-9384-2016 (O&M) Date of decision: 15.07.2026 Mohinder Pal .....Petitioner Versus The Punjab State Cooperative Supply & Marketing Federation Limited and others .....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR Present : Mr. Amit Sharma, Advocate, Mr. Deepak Sharma, Advocate, Ms. Shivani Sharma, Advocate, Mr. Ajay Sharma, Advocate and Ms. Jaskiran Kaur Basi, Advocate for the petitioner. Mr. Sumit Jain, Advocate for the respondents-Markfed. **** NAMIT KUMAR, J. (ORAL) 1. This order shall dispose of above-referred two petitions as similar facts are involved in them. 1A. CWP-7841-2017 has been filed by the petitioner under Articles 226/227 of the Constitution of India, seeking a writ of certiorari, for setting aside the order dated 14.12.2016 (Annexure P-15), VINAY 2026.07.21 17:51 I attest to the accuracy and authenticity of this order/judgment CWP-7841-2017 & CWP-9384-2016 (O&M) -2- issued by respondent No.2, vide which the petitioner has been denied pay scale of Rs.1200-2100 with effect from 01.11.1992 revised to Rs.1200-2130 with effect from 01.01.1993 and Rs.4020-6200 with effect from 01.01.1996. Further, a writ of mandamus has been sought for directing respondent No.1 to grant the petitioner above-mentioned pay scales with all consequential benefits, including arrears of pay and refixation of pay in subsequent pay scales with interest @ 18% per annum from the date of its accrual till its realization. 1B. CWP-9384-2016 has been filed by the petitioner under Article 226 of the Constitution of India, seeking a writ of mandamus, directing the respondents to call for the records in the impugned order dated 21.03.2016 (Annexure P-10), passed by respondent No.2, and to quash the same, vide which the claim under ACP Scheme for 1st financial upgradation in the pay scale of Rs.5800-9200 with effect from 01.01.2000, revised pay scale of Rs.10300-34800 + 3800 Grade Pay with effect from 01.01.2006 and 2nd financial upgradation as given to similar situated employees, has been denied. Further directions have been sought to release the arrears accrued on account of refixation of pay with interest @ 18% per annum from the date of its accrual till realization. 1C. For the sake of brevity, the facts are being taken from CWP-7841-2017 titled as 'Mohinder Pal v. The Punjab State Cooperative Supply & Marketing Federation Limited and others'. 2. The petitioner was appointed as Gate Clerk on 04.11.1985 on temporary basis in the Punjab State Cooperative Supply and Marketing Federation Limited (in short, 'Markfed'). Thereafter, his VINAY 2026.07.21 17:51 I attest to the accuracy and authenticity of this order/judgment CWP-7841-2017 & CWP-9384-2016 (O&M) -3- services were regularised with effect from 01.11.1992, vide order dated 11.03.1997 (Annexure P-2) in the pay scale of Rs.950-1800 with initial start of Rs.1,000/-, in purported compliance of the order dated 20.08.1996 (Annexure P-1), passed in CWP No.11069 of 1995, titled as 'Mohinder Pal v. Punjab State Cooperative Supply and Marketing Federation Limited and others'. The case of the petitioner is that the petitioner has wrongly been placed in the pay scale of Rs.950-1800, whereas he is entitled for the grant of pay scale of Rs.1200-2100 with effect from 01.11.1992. In support of the said claim, the petitioner has made a reference to the order dated 23.07.1993 (Annexure P-4), which relates to raising the rate of grant of annual increment, however, in Annexure-1 of the said order the pay scale of the post of Gate Clerk has been stated to be Rs.1200-2100 which has been revised to Rs.1200- 2130 with effect from 01.01.1993. He has further made reference to the appointment letter dated 30.11.1993 (Annexure P-5), vide which one Sh.Ranbir Singh son of Sh. Gurmail Singh Man, has been appointed as Clerk in the pay scale of Rs.1200-2130. Further, reference has been made to the order dated 19.10.1993 (Annexure P-6), issued by the Markfed, wherein it has been stated that the Markfed in Agenda Item No.21 in their meeting held on 14 and 15.09.1993 has granted the benefit of higher pay scale of Rs.1200-2100 with effect from 01.01.1986 and Rs.1200-2130 with effect from 01.01.1993 to all the Clerks, Steno-Typists, Assistants, Time Keepers and Typists. Further, vide order dated 01.12.1993 (Annexure P-7), the pay of one similarly situated employee, namely Subhash Chander, Clerk, working at Cotton Ginning Factory, Jaiton, has been fixed in the pay scale of Rs.1200- VINAY 2026.07.21 17:51 I attest to the accuracy and authenticity of this order/judgment CWP-7841-2017 & CWP-9384-2016 (O&M) -4- 2100 with effect from 01.01.1986. Another person, namely Harveer Singh son of Davinder Singh, was appointed on ad hoc basis for 89 days as Clerk in the pay scale of Rs.1200-2100 on 28.04.1992 (Annexure P-17). Further, Markfed intended to make amendment in their Common Cadre Rules, 1990 by downgrading the posts of Clerks, Senior Clerks and Junior Assistants, so as to bring it at par with the pay scales granted to the State Government employees. In this regard, letter dated 01.03.1993 (Annexure P-11) was addressed to the Registrar, Cooperative Societies, Punjab, Chandigarh, seeking his approval, wherein it has been stated that the Board of Directors of the Markfed in their meeting held on 03.02.1993, had decided to convert 50% posts of Junior Assistants to those of Clerks in the pay scale of Rs.950-1800 (with initial start of Rs.1000/-), and the educational qualifications proposed for making direct recruitment to the posts of Clerks was BA IInd Class along with qualifying typing test in Punjabi at a speed of 30 W.P.M. The Registrar, Cooperative Societies, Punjab, Chandigarh, vide letter dated 20.09.1993 (Annexure P-12) gave approval for the amendment of the Markfed Common Cadre Rules, 1990 and the said letter reads as under:- “No.RCS/marketing/MAI/72-B/402-A Dt:-20.09.93 From The Registrar, Cooperative Societies, Punjab, Chandigarh. To The Managing Director, MARKFED, Chandigarh. Subject:- Amendment in the Annexure II of the Marked Common Cadre Rules, 1990. Memorandum, Please refer to your letter no.EST/EAP- VINAY 2026.07.21 17:51 I attest to the accuracy and authenticity of this order/judgment CWP-7841-2017 & CWP-9384-2016 (O&M) -5- 7/93/2712 dt. 01.03.93 on the subject cited above. As per your proposal and resolution passed by the Board of Directors of the Markfed, approval of the Registrar, Co-op. Societies, Punjab to downgrade 58 posts of Junior Assistants out of 116 posts in the pay scale of Rs.1200-2100/- to that of clerks in the pay scale of Rs.950- 1800 (with initial start of Rs.1000/-) and 146 posts of Field Assistants/Salesmen in the pay scale of Rs.1200- 2100 to that salesman in the pay scale of Rs.950-1800 (with initial start of Rs.1000/-) is hereby accorded. Accordingly, amendment in the Markfed employees (common cadre) service Rules, 1990 be made as per annexure enclosed. Enclosed : Annexure Sd/- For Registrar, Co-op, Societies, Punjab, Chandigarh.” 3. The petitioner had earlier filed CWP No.12424 of 2004, claiming the pay scale of Rs.1200-2100 with effect from 01.11.1992, which was further revised to Rs.1200-2130 with effect from 01.01.1993. The said petition was disposed of by this Court, vide order dated 09.09.2016 (Annexure P-14) by passing the following directions:- “In the appointment letter dated 30.11.1993 issued to one Ranbir Singh, the pay scale has been mentioned as `1200-2130 w.e.f.31.05.1993. On perusal of the documents as discussed above including affidavit dated 23.12.2015, it appears that the stand of the respondents is contradictory as the pay scale for the post of Gate Clerk/ Clerk is `1200-2100 w.e.f.01.11.1992, which was revised to `1200-2130 w.e.f.01.01.1993 and further revised to `4020-6200 w.e.f.01.01.1996. The said pay scale was granted to similarly situated Raghbir Singh but subsequently, the same has been withdrawn on raising objection by the Audit Department. It appears that the stand/action of the respondents is not consistent. Accordingly, the present writ petition is disposed of with a direction to the respondents to re-consider the case of the petitioner for grant of pay scale as claimed in this petition after taking into consideration the above discussion as well as the documents available on record including the pay scale granted to other similarly situated VINAY 2026.07.21 17:51 I attest to the accuracy and authenticity of this order/judgment CWP-7841-2017 & CWP-9384-2016 (O&M) -6- persons. The necessary exercise be done after giving opportunity of hearing to the petitioner as well as by passing a speaking order within a period of three months from the date of receipt of certified copy of this order. In case, the petitioner is found to be entitled for the relief as prayed in the present petition, the same be released to him and in case, the petitioner is still aggrieved by any action of the respondents, he is at liberty to avail the appropriate remedy.” 4. However, the claim of the petitioner has been rejected by the respondents, vide order dated 14.12.2016 (Annexure P-15). Aggrieved against the same, the petitioner has filed the present petition. 5. Written statement on behalf of the respondents-Markfed has been filed, wherein it has been stated as under:- “xxx xxx xxx xxx xxx 5(b) That the contents of para No.5 (b) have not been correctly stated. It is denied that the post of Gate Clerk was entitled for the scale of Rs.1200-2100. It is submitted that the BoD of Markfed in its meeting held on dated 26.02.1992 approved to follow the pattern of Govt. of Punjab with regard to the designation and grant of pay scales while effecting the Clerks/Junior Assistants in future. Annexure-R/-1. As regards the post of Clerk which includes Gate Clerks also, scale adopted was Rs.950-1800 with initial start of Rs.1000/-. Thus, the pay scale of Clerks in the pay Rs.950-1800 with initial Rs.1000/- were made to all its employees working in the cadre w.e.f. 26/02/1992 and not 20/09/1993. The RCS Punjab, Chandigarh only accorded the approval vide letter dated 20.09.1993 to downgrade the 50% posts of Junior Assistant to that of Clerk in the pay scale of Rs.950-1800. (Annexure-R/2) xxx xxx xxx xxx xxx 5(e) That the contents of para No.5(e) have not been correctly stated. As earlier stated, the Petitioner is not entitled of the pay scale of Rs.1200-2100. The letter dated 23/07/1993 as Annexed-R/3 has no relevancy with the case of the Petitioner as he was appointed in regular pay scale of Rs.950-1800 by the Answering-Respondent. The letter dated 23/07/1993 relates those categories of the employees which were appointed prior to 26/02/1992 in the scale Rs. 1200-2100 whereas the Petitioner was appointed w.e.f. 01/011/1992. BOD Markfed already decided to grant pay scale of Rs.950-1800 to the Gate Clerks w.e.f. 26/02/1992. It is made clear that before the VINAY 2026.07.21 17:51 I attest to the accuracy and authenticity of this order/judgment CWP-7841-2017 & CWP-9384-2016 (O&M) -7- appointment of the Petitioner, the BOD Markfed in its meeting held on 26/02/1992, approved to follow the pattern of Govt. of Punjab with regard to designation and grant of scales while effecting recruitment of Clerk/Junior Assistant in future. The Petitioner was accordingly granted pay scale of Rs.950-1800 with initial start of Rs.1000/ w.e.f. 01/11/1992. The said terms & conditions for grant of scale was incorporated in the appointment letter of the Petitioner also. Hence, the Petitioner is not entitled for the higher pay scale than the existing pay of the employees in the regular pay scales of Rs.950-1800. As regards, appointment of Sh.Ranbir Singh, Clerk in the pay scale of Rs.1200-2130 is concerned, Sh. Ranbir Singh was appointed on 89 days basis in the pay scale of Rs.1200- 2130 on 31/05/1991 much before the scale was revised to Rs.950-1800, by the BOD Markfed in its meeting held on 26/02/1992. xxx xxx xxx xxx xxx” 6. Learned counsel for the petitioner submits that the pay scale of Gate Clerks and Clerks in the Markfed is Rs.1200-2100 with effect 01.01.1986, which has further been revised to Rs.1200-2130 with effect from 01.01.1993. The services of the petitioner have been regularised, vide order dated 11.03.1997 with effect from 01.11.1992 and at that point of time, the pay scale of the post of Gate Clerks was Rs.1200-2100, thus, the respondents have wrongly placed the petitioner in the lower pay scale of Rs.950-1800. He further submits that similarly situated employees, namely Ranbir Singh, Subhash Chander and Harveer Singh, who were appointed on the said posts prior to the regularisation of the petitioner, have also been placed in the pay scale of Rs.1200-2100. Therefore, the action of the respondents is totally illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India. 7. Per contra, learned counsel for the respondents-Markfed submits that the Markfed had taken the decision to downgrade certain VINAY 2026.07.21 17:51 I attest to the accuracy and authenticity of this order/judgment CWP-7841-2017 & CWP-9384-2016 (O&M) -8- posts of Clerks/Senior Clerks and Junior Assistants, making it at par with the State Government employees. The matter was considered by the Board of Directors of the Markfed in their meetings held on 26.02.1992 (Annexure R-1) and 03.02.1993, and thereafter, vide letter dated 01.03.1993, the matter was referred to the Registrar, Cooperative Societies, Punjab, Chandigarh, seeking his approval, which was subsequently granted, vide letter dated 20.09.1993 (Annexure P-12). Consequent thereto, necessary amendments were effected in the Markfed Employees (Common Cadre) Service Rules, 1990. Therefore, the petitioner was rightly placed in the pay scale of Rs.950-1800 and not entitled for the pay scale of Rs.1200-2100. 8. I have heard learned counsel for the parties and perused the record. 9. The facts are not in dispute that the petitioner was initially appointed on 04.11.1985 as Gate Clerk on temporary basis with the respondent-Markfed. His services were subsequently regularised, vide order dated 11.03.1997 (Annexure P-2) with effect from 01.11.1992. As per the facts mentioned hereinabove, the pay scale of the post of Gate Clerk as on 01.11.1992 was Rs.1200-2100 (with effect from 01.01.1986), which was revised to Rs.1200-2130 (with effect from 01.01.1993). Furthermore, various similarly situated persons, namely Ranbir Singh, Subhash Chander and Harveer Singh, have already been granted the said pay scale with effect from 01.01.1986. However, the respondents have failed to assign any justifiable reason for denying the same to the petitioner, thereby resulting in discriminatory treatment. So far as the approval dated 20.09.1993, granted by the Registrar, VINAY 2026.07.21 17:51 I attest to the accuracy and authenticity of this order/judgment CWP-7841-2017 & CWP-9384-2016 (O&M) -9- Cooperative Societies, Punjab, Chandigarh, whereby the approval was granted to downgrade 58 posts of Junior Assistants, out of the 116 posts in the pay scale of Rs.1200-2100 to that of Clerks in the pay scale of Rs.950-1800 (with initial start of Rs.1000/-) is concerned, the same is applicable with effect from the date of issuance of the said approval and cannot be made applicable with retrospective effect. It is a well settled proposition of service jurisprudence unless expressly authorised by statute or by necessary implication, an executive order cannot be made applicable with retrospective effect, so as to divest an employee of an accrued right. 10. Keeping in view the above facts and circumstances of the present case, the present petition is allowed. The impugned order dated 14.12.2016 (Annexure P-15) is hereby quashed and set aside, and the respondents-Markfed are directed to grant the petitioner the pay scale of Rs.1200-2100 with effect from 01.11.1992 with further subsequent revisions with effect from 01.01.1993; 01.01.1996 and with effect from 01.01.2016, with all consequential benefits and the necessary payment(s) shall be released to the petitioner, within a period of three months from the date of receipt of certified copy of this order. 11. Since the petitioner has been dragged into the litigation and had to file the repeated writ petitions, he is entitled for the costs of Rs.30,000/- and the respondents-Markfed are directed to pay the said costs to the petitioner within a period of three months from the date of receipt of certified copy of this order. CWP9384-2016 12. In view of the order passed in CWP-7841-2017, whereby VINAY 2026.07.21 17:51 I attest to the accuracy and authenticity of this order/judgment CWP-7841-2017 & CWP-9384-2016 (O&M) -10- the claim of the petitioner for grant of pay scale of Rs.1200-2100 with effect from 01.11.1992 has been accepted, the present petition is disposed of with directions to the respondents to reconsider the claim of the petitioner for grant of ACPs on the basis of his pay scale of Rs.1200-2100 within the stipulated period as indicated above. 15.07.2026 (NAMIT KUMAR) Vinay JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VINAY 2026.07.21 17:51 I attest to the accuracy and authenticity of this order/judgment