HARBANS LAL CHUGH Vs. PUNJAB AGRICULTURAL UNIVERSITY, LUDHIANA

JUDGEMENT

(1.) Prayer in the present writ petition is for grant of proficiency step up on completion of 8 and 18 years of service with effect from 1.1.1986 in the selection grade of Rs. 2000-3500/- as has been granted to the petitioner after the declaration of the post of Agricultural Sub-Inspector as a technical one vide order dated 26.3.1996 and grant of the selection grade vide order dated 19.3.2001 with effect from 1.1.1986.

(2.) Counsel for the petitioner contends that initially the petitioner was appointed as an Agricultural Sub-Inspector on 10.6.1966. He continued as such and all through his service career, he was not promoted except in the year 1992. The selection grade was claimed by the petitioner through a civil suit in the year 1990 which was decreed in his favour on 12.12.1990 granting him the selection grade of Rs. 1640-2925/- with effect from 24.1.1986. The said decree was implemented. Vide order dated 26.3.1996, the post of Agricultural Sub-Inspector was declared as a technical post. Thereafter, giving effect thereto, order dated 19.3.2001 was passed by the respondent-University, whereby selection grade of Rs. 2000-3500/- was granted to the petitioner with effect from 1.1.1986. On grant of this selection grade with effect from 1.1.1986, the petitioner was granted proficiency step up on completion of 8 and 18 years of service in the earlier selection grade scale of Rs. 1640-2925/-. He was not granted the proficiency step up increment in the new grade of Rs. 2000-3500/-. He served a legal notice dated 3.8.2009 (Annexure P-8). Respondent No.3 rejected the claim on the ground that as he had already been granted the proficiency step up increment on completion of 8 and 18 years in the payscale of Rs. 1640-2925/-, he would not be entitled to the same benefit under the now granted grade of Rs. 2000-3500/- with effect from 1.1.1986. He submits that when the petitioner was entitled to the higher pay-scale, the entitlement of two proficiency step-up increments, which were earlier given in the earlier pay-scale, were to be given in this pay-scale now, and the same cannot be denied to the petitioner. He, on this basis, prays for the quashing of the reply dated 30.10.2009 (Annexure P-9) given to the legal notice dated 3.8.2009 (Annexure P-8) vide which his claim has been rejected.

(3.) On the other hand, counsel for respondent No.3 has submitted that the petitioner had already been granted the proficiency step up increments for 8 and 18 years of service with effect from 1.1.1986 in the pay-scale of Rs. 1640-2925/- before the grant of selection grade of Rs. 2000-3500/- and as such he was not entitled to the proficiency step up in the selection grade of Rs. 2000-3500/-. It has further been submitted that the petitioner was promoted as Technical Assistant from the post of Agricultural Sub Inspector vide order dated 23.5.1992 on which post he had joined on 10.6.1992 but got a reversion of his own vide order dated 3.2.1993 and, therefore, he was not entitled to the proficiency step up under the selection grade of Rs. 2000-3500/-.