O.P. KAURA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been filed against the concurrent judgments of the learned Courts below dismissing the suit of the appellant.

(2.) Shorn of all unnecessary details the main dispute in this case is whether the special increment granted to the appellant for non-participation in the strike could be ignored when his pay had to be refixed on promotion. The appellant was a Senior Assistant in the office of Senior Architect, South Patiala, Punjab. On 21.11.1977 he was promoted against the leave vacancy post as Superintendent and his pay was fixed in the unrevised scale. Thereafter, he was given one special increment for non-participation in the strike as a result of which his pay was increased to Rs.span 420.00 . Thereafter, the appellant was reverted due to the joining of the regular incumbent on 15.03.1978 and his pay was again reduced to that of Senior Assistant. The benefit of special increment was withdrawn. Two months later on 17.05.1978 the appellant was again promoted to the post of Superintendent, this time substantively. On this occasion again his pay was refixed after giving him the benefit of that special increment. He continued to get that benefit till he retired. However, after 10 years the pay of the appellant was refixed after withdrawing the benefit of that special increment and recovery was made. This action was challenged in the instant suit.

(3.) When this appeal was filed no question of law was proposed. Today learned counsel appearing for the appellant has proposed the following question of law:-