SIRI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SIRI Ram petitioner was appointed as Conductor in the Punjab Roadways on 11.1.61. He was promoted as Inspector in the Punjab Roadways on 27.8.79. On 30.6.78, a decision was taken by the Govt. to transfer local bus services to the various Municipal Corporations upto the radius of 25 kilometers and for running those buses, it was decided that the staff of Punjab Roadways be transferred to the Municipal Corporations. Options were invited from the concerned employees. Petitioner opted for his absorption in Municipal Corporation, Ludhiana. On 1,1.1980, he was transferred to Municipal Corporation, Ludhiana on the sanle terms and conditions which were applicable to him in the Punjab Roadways except in respect of pension and promotion. On 22.2.80, 20% posts of Inspectors in the Punjab Roadways were placed in the selection grade. On 6.3.82, Municipal Corporation granted selection grade of Rs. 580 -1120 to the petitioner with effect from 3.1.80 i.e. the date when the petitioner joined Municipal Corporation, Ludhiana. On 22.6.82, the Commissioner, Municipal Corporation, Ludhiana promoted the petitioner as Welfare Inspector in the Transport Wing in the scale of Rs. 620 -1200. On 1.1.86, pay scales of the employees were revised and the petitioner opted for the revised pay scale with effect from 1.1.86. His pay was fixed at Rs. 1840/ - in the pay scale of Rs. 1800 -3200. On 11.6.91, he was confirmed as Welfare Inspector by Municipal Corporation and was granted the proficiency step tips. On 23.7.95, 387 class III posts were created in the Roadways for absorbing the transport employees who were to be taken back from Municipal Corporations as a result of the closing down of the Municipal Transport System. These posts were created purely personal to the affected employees and were to be abolished as and when these employees ceased to be as such for any reason. On 27.11.95 in view of the aforesaid decision of the State Government, the petitioner was taken back in the Transport Department along with the post and the scale of pay. Petitioner joined the duty in Transport Department on 17.1.95. On 1.6.96, the annual grade increment was granted to the petitioner and the pay of the petitioner was fixed at Rs. 2340/ - plus Rs. 40/ - A.P. on 1.1.1996. The next annual grade increment of the petitioner was due as on 1.1.97 and 1.1.98. On 1.2.98, the General Manager, Punjab Roadways reduced the pay of the petitioner retrospectively right from 1.1.80 and the pay of the petitioner was reduced from Rs. 2270/ - plus Rs. 40/ - A.P. in the pay scale of Rs. 1800 -3200 of 1.1.95 to Rs. 1850/ - plus Rs. 207 - A.P. in the pay scale of Rs. 1500 -2700/ -. It was also ordered that the recovery be effected from the petitioner for the period from 7.12.95 onwards. On 18.2.98,20.3.98 and 20.4.98, the petitioner represented to the State of Punjab that the order Annexure P9 was issued illegally and in an arbitrary manner, the pay of the petitioner was reduced inasmuch as no notice was given to him or opportunity of hearing before order Annexure P9 was issued. Annexure P9 could not have been issued when he was taken back in" the Department along with the post and the scale of pay.

(2.) STATE of Punjab contested the writ petition urging that in pursuance of the decision taken by the State Government to transfer local operation by the Punjab Roadways, Ludhiana, Amritsar and Jalandhar to the concerned Municipal Corporation, buses of Punjab Roadways along with the staff were transferred to Municipal Corporation, Ludhiana, Amritsar and Jalandhar. At that time petitioner was working as Inspector with the Punjab Roadways. He was transferred to Municipal Corporation Ludhiana on his request. On the basis of seniority in the Municipal Corporation, Ludhiana he was promoted to the post of Welfare Inspector Employees who were transferred to the Municipal Corporations filed number of writ petitions for their repatriation to the Punjab Roadways. Ultimately, a decision was taken by the State Government to absorb those employees in Punjab Roadways who were earlier transferred to Municipal Corporation. At the time of transfer to Municipal Corporation, petitioner was posted as Inspector in the Punjab Roadways. He was repatriated to the post of Inspector vide order No. SE 111(3) 24267 dated 4.8.95 Annexure R -I/T passed by the Director State Transport, Punjab. He did not challenge this order but submitted his joining report on the post of Inspector (Annexure R -II/T). On the basis of seniority in the Punjab Roadways, he was adjusted against the post of Inspector as number of other employees who were senior to him were working as Inspectors. As he joined on the post of Inspector, his salary was fixed as Inspector in the pay scale admissible to the post of Inspector. His salary cannot be fixed over and above his seniors. Vide order dated 15.6.98, the petitioner was promoted to the post of Chief Inspector. He was given selection grade in the Municipal Corporation, Ludhiana on the basis of his seniority in the Municipal Corporation. In Punjab Roadways, he was not entitled to the grant of selection grade on 1.3.80 because number of employees were senior to him and only senior most employees were eligible for the grant of selection grade. He was promoted to the post of Welfare Inspector by the authorities of the Municipal Corporation, Ludhiana on the basis of his seniority in Municipal Corporation, Ludhiana whereas he is junior in Punjab Roadways and number of employees are senior to him in the Punjab Roadways. His pay was fixed in Municipal Corporation, Ludhiana after giving him selection grade and promotion on the basis of his seniority there. At the time of repatriation in the Punjab Roadways, he was absorbed as Inspector on the basis of his seniority in Punjab Roadways. As per his seniority in the Punjab Roadways, he could be given only the post of Inspector. It was denied that he was absorbed along with the post on which he was working in the Municipal Corporation, Ludhiana. He was absorbed in the Punjab Roadways as Inspector vide order dated 4.8.95 passed by the Director, State Transport. His pay was rightly fixed keeping in view that he could be given only the post of Inspector.

(3.) LEARNED counsel for the petitioner submitted that the petitioner was working as Welfare Inspector in Municipal Corporation, Ludhiana and he had earned proficiency step ups also in the Municipal Corporation, Ludhiana. He should be deemed to have been absorbed in the Punjab Roadways against the post equivalent in status and emoluments to the post of Welfare Inspector. In the Municipal Corporation, the post of Welfare Inspector was carrying the scale of Rs. 1800 -3200 on 1.1.86. On 1.1.87, his salary was fixed at Rs. 1840/ -. He was promoted as Welfare Inspector in the Transport Wing of Municipal Corporation. Ludhiana on 22.6.85. It was submitted that on the closing down of the Municipal Transport System by the Municipal Corporation, the Punjab Government created 387 class III posts with a view to facilitate their absorption. Those posts were created purely personal to the affected employees and were to be abolished as and when these employees ceased to be as such for any reason. In pursuance of the policy of absorption adopted by the Punjab Government, in regard to the transport employees who were on the staff of Municipal Corporation, the petitioner joined duty in the Transport Department on 7.12.95 along with the post and the scale of pay.