STATE OF PUNJAB Vs. BALWANT RAI

JUDGEMENT

(1.) By this Letters Patent Appeal, the State has challenged the order, dated September 1, 1988, by which Writ of Mandamus was issued directing the State to fix the pay of the writ-petitioner at Rs. 2100/- in the pay-scale of Rs. 1580-60-1700-75-2000/100-2400, that is a step higher than the one of the writ-petitioner was drawing as Assistant Advocate-General.

(2.) In order to determine the question raised in this appeal, brief relevant facts are :-

(3.) The State of Punjab defended fixing of pay, inter alia contention that since the petitioner was holding the post of Assistant Advocate-General in a temporary capacity, and the Head of Department where he was holding the post of Assistant Advocate-General did not issue a certificate to the effect, that he would havwe contined to hold the post of Assistant Advocate-General but for his appointment as Additional District and Sessions Judge, the benefit of Rules for pay protection cannot be granted. It was further urged that the rules were not applicable to the facts in the case of the petitioner.