MOHINDER SINGH LUNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) All the four petitioners are the members of the Punjab Superior Judicial Service. The petitioners prior to 23.12.1977, 14.3.1977, 1.9.1977 and 1.9.1977, respectively, were working as Senior Sub-Judges in the State of Punjab against permanent substantive posts of the Selection Grade Sub Judges, which was Rs. 1300-1500. Their substantive pay in the said scales was Rs. 1450/- per month before they were promoted to the Punjab Superior Judicial Service on the dates mentioned above. The next date of increment for each of the petitioner was 1.1.1978, 1.11.1977, 1.12.1977 and 1.11.1977 respectively.

(2.) The petitioners, as observed above, were promoted to officiate as Additional District and Sessions Judges against temporary posts on the respective dates mentioned in the paragraph above. On promotion, their basic pay became Rs. 1600/- on the dates of their annual increments mentioned above, in the pay-scale of Rs. 1200-2000 admissible to the District & Sessions Judges. Thus, on 1.1.1978 when the Punjab Civil Services (Revised Scales of Pay), Rules, 1979 (hereinafter called the Revised Scales of Pay), came into force, the existing emoluments of the petitioners in their officiating capacity as Additional District and Sessions Judges in the pay scales of Rs. 1200-2000 was fixed at Rs. 1660/-(basic pay, plus Rs. 363/- D.A. i.e. in all Rs. 2023/- per month.

(3.) From the facts mentioned above, it is evident that the petitioners on 1.1.1976, were in service in dual capacity. Firstly, they are holding posts of Selection Grade Sub-Judges in substantive capacity holding lien against those posts and secondly, they were working in officiating capacity, as Additional District and Sessions Judges.