BIDHI SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was working as Superintendent Grade-I in the Punjab P.W.D. (Public Health Branch). Vide orders dated April 4, 1979, he was sent on deputation as Assistant Secretary to the Punjab Water Supply and Sewerage Board (hereinafter referred to as 'the Board'). A copy of the order deputing the petitioner to the Board has been produced as Annexure 'A' with the replication. The terms of deputation are given in detail in the order. While the petitioner was working as Assistant Secretary, he attained the age of superannuation and consequently retired on May 31, 1981. The petitioner claims that his pension and other retirement benefits have to be detetemined on the basis of the salary drawn by him at the time of retirement as Assistant Secretary. On the other hand, it is claimed on behalf of the respondents that the petitioner was holding the post of Superintendent Grade-I in the department and that his pension and other retirement benefits have been rightly determined with reference to his salary as Superintendent Grade-I.

(2.) Mr. Ashok Sharma, learned counsel for the petitioner has contended that the petitioner's salary as Assistant Secretary had been determined by an order of the Chief Engineer passed on February 19, 1981. A copy of this order has been produced as Annexure P.1. He contends that the petitioner's pay was fixed at Rs. 1580/- on January 1, 1981 and the pension etc. have to be determined on that basis. He further contends that the petitioner had in fact been promoted from the post of Superintendent Grade-I to that of Assistant Secretary and it is only the pay drawn by the petitioner in the promoted rank which is to be taken into account for the purpose of determining the retirement benefits. It has also been pointed out that the allocations to the Board were finally decided on September 30, 1987 and the entire service rendered with the Board prior to the date shall count as service with the Government.

(3.) The first question that arises for consideration is as to whether or not the petitioner had been promoted by order dated April 4, 1979. A perusal of the order shows that the Government had granted sanction "to the deputation of Sardar Bidhi Singh, Superintendent, office of the Chief Engineer, Punjab, P.W.D. (Public Health Branch) to work as Assistant Secretary with the Punjab Water Supply and Sewerage Board in the scale of Rs. 900-1150 on ..." It was further mentioned that "the officer will be on deputation for a period of one year from the date he takes over charge or .... whichever is earlier." From a perusal of the order, it is apparent that the petitioner had not been promoted to the post of Assistant Secretary but had been merely sent on deputation. It is no doubt correct that while on deputation the petitioner worked as Assistant Secretary in the scale of Rs. 900-1500. However, there is no order showing that the petitioner had been actually promoted in the Department of the Government to the post of Assistant Secretary. An order passed by the Chief Engineer (Public Health Branch) fixing the pay of the petitioner while the petitioner was on deputation to the Board as Secretary in the scale Rs. 1200-50-1400/60-1700 cannot be interpreted as an order granting promotion to the petitioner. The actual order by which the petitioner was sent on deputation does not even remotely suggest that the respondents wanted to promote the petitioner. As such, the claim made on behalf of the petitioner that he had been promoted vide order dated April 4, 1979 cannot be sustained.