BALDEV SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner, who is a Store Keeper, in the office of Executive Engineer, Public Health, Division No. 1 Mohali, through this Writ Petition under Article 226 of the Constitution of India, has sought for issuance of a direction to the respondents to release Selection Grade of Rs. 510-800 in his favour w.e.f. 1.1.1978.

(2.) In brief, the case of the petitioner is that the Pay Commission has submitted recommendations for the revision of pay-scales, which were accepted by the Government. On the basis of the recommendations made by the Commission, the Punjab Civil Services Revised Scales of Pay Rules were amended and adopted by the State Government in 1979. As per recommendations of the Pay Commission, the petitioner was entitled to the revised Pay Scale of Rs. 400-600 w.e.f. 1.1.1978. On account of his length of service, the petitioner was also entitled for Selection Grade of Rs. 510-800 w.e.f. 1.1.1978. However, the same was not given to him, though the same was given to Shri Harinder Kumar, presently working in the Office of Executive Engineer (PH) (Govt. Works) at Amritsar, who is junior to him. The action of the respondent-department in ignoring the petitioner's claim for selection grade of Rs. 510-800 was discriminatory in nature and illegal.

(3.) The respondents in their written statement have submitted that as per provision contained in the Punjab Government Order/clarification dated 25.1.1979, the posts of Sub Divisional Clerks/Bill Clerks, Accounts Clerks and Store Keepers in the un-revised pay scales of Rs. 110-250 are to be grouped in one Cadre of the posts of Clerks and then these posts are to be divided in fifty ratio by re-designating them as Clerks and Senior Clerks in the pay scales of Rs. 400-600 and 510-800 respectively, as per their seniority. It is further averred therein that the petitioner is to be considered for senior scale of Rs. 510-800 on his turn and this benefit was never denied to him.