BUA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in this petition is for grant of pay scale of Rs. 1200-2100 w.e.f. 1.1.1986 granted to Surveyors in Punjab Govt. service on the 3rd Punjab Pay Commission and duly accepted by the Govt. and notified by the PCS (Revised Pay) Rules, 1988. The petitioner is not a Punjab Govt. servant. He is an employee of the Punjab State Electricity Board (for short 'PSEB'). The petitioner was initially appointed as a work-charged Surveyor on 7.10.1982 in the Board. He was made regular Surveyor on 20.10.1994. The petitioner filed CWP No. 4754 of 1994 claiming the pay scale of a Surveyor as admissible to Punjab Government Employees holding that post. That petition was disposed of with a direction to the Secretary (Finance), PSEB to pass a speaking order on the petitioner's representation dated 25.11.1993. As a result of those directions, the order dated 12.8.1994 has been passed rejecting the claim, against which order the petitioner is before this Court.

(2.) The petitioner's case against the impugned order is that the Government of Punjab by notification dated 19.2.1990 in exercise of powers under Rule 3(2) (h) of the Punjab Civil Services (Revised Pay) Rules, 1988 amended the notification dated 20.1.1989 and clubbed the posts of Junior Surveyor, Surveyor and Surveyor (work-charged) and redesignated the three posts as Surveyor in the pay scale of Rs. 1200-2100. The petitioner, though, an employee of the P.S.E.B. has claimed the scale of Surveyor in Punjab Government on the grounds as pleaded in para 13 of the petition, which reads as follows:-

(3.) Upon notice, the Board has filed the reply. In its reply to para 13 the Board has rebutted the assertions of para 13 of the writ petition as follows: