STATE OF PUNJAB Vs. B.K. DHIR

JUDGEMENT

(1.) The respondent retired from government service from the post of Additional Director, Panchayats, Punjab on 31.10.1993. During the course of tenure of his service, he had earned his promotions and while working as Deputy Director (Land Development), he was given the officiating charge of the post of Joint Director (RD), Punjab, Chandigarh with effect from 01.05.1993 vide letter dated 30.04.1993. He was conferred with the powers and functions of the Director, Panchayats under the Punjab Gram Panchayat Act, 1952. Subsequently vide order dated 23.06.1993, he was assigned the work of the post of Additional Director, Panchayats. He assumed the said charge on 01.07.1993. Vide notification dated 23.09.1993, the powers of the Director, Panchayats were conferred on him. At the time of attaining the age of superannuation, he was discharging the duties of the post of Additional Director.

(2.) The grievance of the respondent was that he was not paid the salary while he was officiating in the higher post. As the grievance was not addressed, he approached the High Court in a Writ Petition which was dismissed by the learned single Judge. In intra-court appeal, that is, L.P.A. No. 198 of 2003, the Division Bench placing reliance on Pritam Singh Dhaliwal Vs. State of Punjab and another, 2004 (4) RSJ 599 came to hold as follows:

(3.) It is apt to note here that the stand of the State before the Division Bench was that the view of the learned single Judge was correct inasmuch as the orders passed posting the appellant on officiating posts incorporated a condition that he would continue to draw his pay in the pay scale of Deputy Director, Panchayat and no extra financial benefit would be given to him for the officiating charge. Additionally, it was asserted that the officer concerned had submitted to the said terms and conditions and not raised any protest.