MANGAL SINGH, EXECUTIVE ENGINEER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Common questions of law and facts are involved in civil writ petition Nos. 3995 of 1985 and 4652 of 1984 and are being disposed of by this judgment.

(2.) The petitioner have sought a mandate to the respondent to grant them the selection grade in the rank of Sub-Divisional Engineer with effect from January 1, 1978 and therafter fix their salary in the rank of the Executive Engineer in this petition under Article 226/227 of the Constitution of India.

(3.) Reference to relevant facts has been made from the pleadings from civil writ petition No. 3995 of 1985. The petitioner joined as Junior Engineer in the Public Works Department (Public Health Branch) of the erstwhile State of Punjab on April 12, 1954; that he was promoted to the post of Sub Divisional Engineer (Class II) and joined as such on October 1, 1968; that he was promoted as Executive Engineer on June 9, 1976. Appointments to Class II service are regulated by the Punjab Service of Engineers Class II P.W.D. (Public Health) Rules, 1967 (for short 'The Rules'). Under the Rules, 75% posts are filled in by direct recruitment and the remaining 25% posts are filled in by promotion. The pay scale of the post of Sub Divisional Engineer is Rs. 940-1800 and the selection grade is Rs. 1700-2000. Similarly the time-scale of the post of Executive Engineer is Rs. 1400-2100 whereas selection grade is Rs. 2000-2300. By an order dated September 27, 1982, the respondent created 19 selection grade posts in the cadre of Sub Divisional Engineers (Class II) with effect from January 1, 1978; 19 posts with effect from January 1, 1979; 25 posts with effect from January 1, 1980; 29 posts with effect from January 1, 1978; 19 posts with effect from January 1, 1981 and 31 posts with effect from January 1, 1982. The petitioner satisfied the condition of 15 years of service as laid down in the Finance Department's instructions dated March 3, 1980. The instructions postulate that selection grade in the Sub Divisional Engineer is admissible to an officer who has completed 15 years of service. The total 15 years service is to be counted as the sum total of the employee's service in the pay scale and in the one scale next below . In the case of the petitioner, period of 15 years is to be counted by including the service of the petitioner as Sub Divisional Engineer and Sectional Officer. Counting the service of the petitioner as Sub Divisional Engineer as well as Sectional Officer, the petitioner completed the period of 15 years on January 1, 1978 when selection grade was sanctioned for 19 posts. By an order dated June 9, 1983, selection grade was granted to 13 officers in the cadre of Sub Divisional Engineers. Except two officers, namely Sarvshri A.S. Khurana and B.B. Sood, all other officers have been promoted to the post of Executive Engineer prior to January 1, 1978. The grant of selection grade to the said officers was only notional for the purpose of fixation of their salary in the cadre of Executive Engineer. They were given the selection grade and immediately the salary was fixed in the Executive Engineer's cadre. The petitioner having been promoted prior to January 1, 1978 as Executive Engineer was entitled to the selection grade on the post of Sub Divisional Engineer and thereafter his pay was to be fixed in the cadre of Executive Engineer as Executive Engineer.