SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has sought a mandate from this Court to respondent No. 1 to grant them the selection grade which was granted to other employees similarly situated in this petition under Articles 226/227 of the Constitution of India.

(2.) Facts first:- Petitioner Nos. 1 to 4 and 10 are presently working as Stock Verifiers in the pay scale of Rs. 510-940. Prior to their promotion as Stock Verifier, they were working as Store Keepers along with other petitioners in the pay scale of Rs. 510-940. Petitioner No. 1 has been working as Chief Store Keeper since 1963 and other petitioners have been working as such for the last more than 15 years. Post of Stock Verifier is considered in the line of promotion from the post of Chief Store Keeper. Prior to the revision of pay scales of the Punjab Government employees by the First Pay Commission, the pay scales of Stock Verifier was higher than that of Chief Store Keeper and Assistant. After Feb. 1, 1968, the posts of Stock Verifier, Chief Store Keeper, Store Purchase Assistant and Preventive Maintenance Assistants were brought at par with that of Assistants and they were given the pay scale of Rs. 160-400. However, this parity in the pay scales of all these four posts was disturbed by implementation of the Second Pay Commission's report with effect from Jan. 1, 1978 and the Assistants in the Head Office were given higher pay scale of Rs. 600-1100 and those in the Punjab Roadways Depots were placed in pay scale of Rs. 570-1080. The nature of job of the Chief Store Keeper whether Assistant in the Punjab Roadways depot involves hectic and arduous nature of duties. The Stock verification of the Head Office is also very important post. He is to verify physically the stores in depot/divisions and defect deficiency in the qualify and other irregularities in the purchases made. The Stock Verifiers are required to have a fairly high standard of knowledge of the technical stores handled in the Depots. The Stock Verifiers like petitioner Nos. 1 to 4 and 10 have experience of 20-25 years and they are stagnated of the maximum of the scale for the posts of Stock Verifier. There are very limited avenues of promotion for the incumbents holding the post of Stock Verifier. Respondent No. 1 in the Department of Finance issued instructions vide circular letter dated March 3, 1980, for determining the criteria for making provision of selection grade in the cadre of the various services for implementation of the second Punjab Pay Commission report. One of the conditions of eligibility for providing selection grade is that number of posts (all levels taken together, to which the employee in a particular case, can seek promotion) is less than half the strength of that cadre. In pursuance of the criteria, the incumbents of the posts of Chief Store Keeper/Stock Verifiers were eligible for selection grade. Accordingly respondent No.2 vide letter dated Feb. 3, 1984, recommended to respondent No. 1 the selection grade for the posts of Chief Store Keeper and Stock Verifier. Respondent No. 1 did not agree to the revision of pay scale of the petitioners equivalent to the pay scale of the post of Assistant as it was in existence prior to Jan. 1, 1978. On Dec. 31, 1984, respondent No. 2 sent a revised proposal for grant of selection grade to the petitioners along with other employees in pursuance of the circular letter dated Oct. 29, 1984. Respondent No. 2 again sent a reminder dated Dec. 4, 1985 to Respondent No. 1 for consideration of the proposal sent by it on Dec. 31, 1984. Despite reminders by Respondent No. 2, Respondent No. 1 has not taken any action on the recommendations so made.

(3.) Joint written statement has been filed on behalf of respondent Nos. 1 and 2. A preliminary objection has been taken that the matter for grant of selection grade to Stock Verifiers and Chief Store Keepers has been referred to the Third Pay Commission, which had not yet submitted its report. It is further submitted that the Second Pay Commission did not recommend the grant of selection grade to the categories of posts held by the petitioners.