JAGJIT SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) Jagjit Singh is Conductor in Punjab Roadways, Patti Depot since 1973. At the time when he joined service, he was in the pay scale of 110 -4 -130/5 -200. In the year 1978,1980, the pay scale was revised. Thereafter, also the pay scale was revised. He has put in more than 16 years of service. Although he has put in more than 16 years of service, no increment was granted to him. No show cause notice or charge sheet was ever served upon him. No inquiry was ever held against him as laid down under the Punjab Civil Services (Punishment & Appeal) Rules, 1970. He was never conveyed any order withholding the grant of increment/increments to him. He was never conveyed any order stopping him at the efficiency bar. In other words, he could presume that he had crossed all efficiency bars that came his way. He is being paid minimum of the scale of his pay. If any order has been passed withholding grant of any increment, he was condemned unheard. On these allegations, he filed suit for declaration against the State of Punjab to the effect that the act of the defendant withholding the accrued annual increments to him for his past service without any valid and legal order is illegal, null and void, wrong, wanton, cryptic, capricious, mala fide, malicious, without jurisdiction, against the principles of natural justice, equity, fair play, against the provisions of Punjab Civil Services Rules and the provisions of the Constitution of India and is inoperative and is not binding on him with consequential relief of mandatory injunction directing the defendant to fix the pay and seniority of the plaintiff according to rule and to pay him the arrears together with interest and other benefits attached to the post.

(2.) Defendant -State of Punjab contested the suit of the plaintiff urging that increments were stopped after due procedure was followed. Stoppage of increments is in the knowledge of the plaintiff. Orders are legal and valid. On the pleadings of the parties, the following issues were framed: -

(3.) Vide order dated 14.11.91, Subordinate Judge First Class, Patti decreed the plaintiff's suit for declaration to the effect that the act of the defendant State of Punjab withholding accrued annual increments to him for his past service without any legal and valid order is illegal, null and void and not binding upon him, with consequential relief of mandatory injunction, directing the State of Punjab to fix his pay and seniority according to rules and pay him the arrears of pay and other benefits attached to the post in view of his finding that the State of Punjab could withhold increment after following due procedure and in this case, State of Punjab never held any inquiry nor passed any order stopping the grant of annual grade increments to him nor had passed any order stopping him at efficiency bar. It was found that he was entitled to the grant of an - partly allowed. No order as to costs. Appeal partly allowed nual increments in routine unless the same was withheld by a specific order. It was found that in this case, there was no such order ever passed stopping the grant of increments to him.