LAWS(P&H)-2003-1-163

GANESHA BASTI, BATHINDA Vs. STATE OF PUNJAB

Decided On January 10, 2003
Ganesha Basti, Bathinda Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE petitioner is aggrieved against the order dated 7 -3 -2001, Annexure P. 7, whereby he has been asked to deposit a sum of Rs.13,255/ - on account of wrong fixation of salary without issuing any show cause notice.

(2.) THE petitioner was promoted as Assistant on qualifying Assistant Grade Examination within first five chances and was posted in the office of District Education Officer (S) Bathinda. Subsequently, the petitioner was promoted as Superintendent on 19 -3 -1993. One Kishori Lal was junior to the petitioner inasmuch as he was at Sr. No. 93 as against the petitioner who was at Sr. No. 50 in the seniority list of Senior Assistants. Since Kishori Lal was drawing more pay therefore, the pay of the petitioner was stepped up to the level or Kishori Lal and fixed at Rs. 1800/ - i.e. equal to the salary of Kishori Lal.

(3.) IN the written statement, the respondents have stated that the pay of the petitioner was wrongly fixed inasmuch as the pay of Kishori Lal was stepped up with the pay of Tirlok Nath Khanna who was junior to Kishori Lal but was promoted having passed the Assistant Grade Examination in second chance as against Kishori Lal who passed the examination in the fifth chance. The petitioner has passed the examination in fourth chance and thus, asserted that the pay of the petitioner was wrongly stepped up.