STATE OF PUNJAB Vs. SURJIT SINGH

JUDGEMENT

(1.) The respondent joined service as a clerk in the Civil Supplies Department of the erstwhile State of PEPSU on 3rd of August, 1951. Due to the abolition of Civil Supplies Department the plaintiff was absorbed as an untrained teacher on 13th of October, 1953. On 1st January, 1956 the plaintiff was given regular appointment as a language teacher and his name was shown at Serial No. 72 in the seniority list. The plaintiff belongs to Scheduled Castes category.

(2.) In November, 1967, 55 teachers were given Selection Grade. In 1969 a further 60 teachers were given Revised Selection Grade. According to the respondent there is a reservation for Scheduled Castes candidates in granting of Selection Grade. Had this reservation been enforced, he should have been given Selection Grade in 1967 or 1969. He, accordingly, filed a suit for the grant of Selection Grade to him. Suit was dismissed since the trial Court found that as per the order of 31st of May, 1971 there were no reservations in granting of the Selection Grade. The 1st Appellate Court also dismissed the appeal. The High Court in Second Appeal decreed the suit of the respondent. Hence, the present appeal.

(3.) The original circular which is relevant for the purpose of grant of Selection Grade is the circular dated 17th of September, 1956 from the Chief Secretary, Government of Punjab to all Heads of Department. It lays down procedure to be followed in selection of Officers/Officials for promotion to higher posts and lays greater emphasis on merit rather than seniority for such selection. The circular lays down the procedure for selecting such officers or officials. There is no mention in the entire circular anywhere about any reservation. These instructions also state that they supersede all previous instructions. Thereafter the position is again clarified by a Circular Letter dated 31st of May. 1971 from the Chief Secretary, Government of Punjab to all Heads of Departments. The subject of the circular is Reservation for Scheduled Castes while filling up Selection Grade Posts. The circular makes a clear difference between selection posts and granting of selection grade. It states that selection grade is provided to avoid stagnation at the highest slab in the grade. It implies that when an employee has reached the maximum of his scale or he continues to work in the same scale for a number of years, he may loose interest on account of stagnation. Therefore, the Government has evolved the system of giving incentives for such an employee by providing for selection grade. This is quite different from promotion to a higher post and there is no question of any reservation in granting a selection grade since that will run counter to the very purpose of providing selection grade.