GURMAIL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties at length.

(2.) Briefly noticed, the petitioner joined the Punjab Irrigation Department as Sub Divisional Officer on 18.2.1974. In terms of order dated 14.3.1997, the petitioner was promoted as Executive Engineer with effect from 29.12.1996. It has been asserted on behalf of the petitioner that his service record throughout was without blemish and no charge sheet or departmental proceedings were pending against the petitioner till his date of retirement i.e. 31.10.2004.

(3.) In the light of the recommendations of the 4 th Pay Commission, the State Government had issued instructions dated 17.4.2000 pertaining to the Assured Career Progression Scheme (hereinafter to be referred as 'ACP') whereby a 4-tier pay scales on completion of 4,9,14 years of regular service had been allowed. Such instructions were made effective with effect from 1.1.1996. In terms of the instructions dated 17.4.2000 governing the grant of benefit of ACP, the procedure for assessing the work and conduct for placement of an employee in the higher scale was the same as applicable to a case of promotion. It has been pleaded that the criteria for promotion to the post of Executive Engineer is that the service record/ACRs of the concerned employee should be meeting the benchmark of 'Good' for the period of last five years. Since the petitioner was promoted as Executive Engineer on 14.3.1997 with effect from 19.12.1996, accordingly, the case set up is that the petitioner was eligible for grant of higher scale on completion of 14 years of regular service i.e. with effect from 17.2.1988 and as such, became entitled to the senior scale of Rs. 14300-18150 w.e.f. 1.1.1996. However, the petitioner was wrongly placed in the scale of Rs. 12000-16350 which was, in fact, to be granted upon completion of nine years of service. Upon retirement, the pension of the petitioner was also stated to be wrongly fixed in the scale of Rs. 12000-16350 instead of the senior scale of Rs. 14300-18150. Furthermore, on the recommendations of the 5 th Pay Commission, the said scales were further revised with effect from 1.1.2006, and the senior scale of Rs. 14300-18150 was further revised to Rs. 37400-67000 and, accordingly, it is contended that the petitioner became eligible for re-fixation of his pension in the scale of Rs. 37400-67000 with effect from 1.1.2006.