BALJIT SINGH CHAWLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The State is supposed to be a model employer. However, the facts of this case show that the State can be more callous than a private employer. A private employer may justify his actions citing profit but the State does not even have this excuse. It may try to impute callousness to the impersonal nature of the State machinery but such justification can never be acceptable. While considering issues concerning its employees, the State cannot remain impersonal. It must adopt a humane approach so that the employees remain motivated and serve to the best of their abilities.

(2.) The Punjab State Forest Development Corporation (hereinafter referred to as the Corporation) created five posts of Deputy Project Officers vide Agenda Item No.65.4(3) adopted by its Board of Directors in its meeting held on 27.06.2000. The reason for the creation of these new posts was increase in the workload at the level of Project Officers and the fact that the Forest Department was unable to provide suitable staff on deputation to the Corporation to work in the Projects. Consequently, petitioners No.1 & 4 were promoted to the said post vide order order dated 18.07.2000 whereas petitioners No.2 & 3 were appointed vide orders dated 06.12.2000 and 21.02.2001 respectively after transfer of cadre. Fifth Pay Commission recommendations were made after the petitioners were promoted/appointed as Deputy Project Officers and some time in the year 2009, the Government of Punjab accepted the recommendations.

(3.) Consequently, vide notification dated 27.05.2009 issued by the Finance Department, Government of Punjab, the Punjab Civil Services (Revised Pay) Rules 2009, were notified. The Finance Department constituted Pay Revision Committees to implement Fifth Pay Commission recommendations in public sector corporations and cooperative sectors. One such Committee recommended revision of pay scales in the Corporation and this recommendation was accepted by the Board of Directors in its meeting held on 01.06.2010. Thus, office order dated 02.06.2010 was issued granting the revised pay scales to all its employees. However, the Deputy Project Officers were not included in the said order. Aggrieved, the petitioners submitted a representation dated 22.10.2012 to the Managing Director of the Corporation. This was followed by representation dated 23.02.2014. Meanwhile, vide instructions dated 31.11.2006, the Punjab Government had made an Assured Career Progression Scheme applicable to the employees of the Corporation under which the employees were entitled to additional increments after 4/9/14 years of service. The petitioners were denied the benefit of this scheme as well.