LAWS(P&H)-2013-4-42

RAMESH KUMAR SHARMA Vs. STATE OF PUNJAB

Decided On April 10, 2013
RAMESH KUMAR SHARMA Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) PETITIONER has approached this Court praying for issuance of a writ of Certiorari quashing the order dated 21.06.2011 (Annexure P-6) vide which the change of option, as prayed for, for fixing the date of increment has been denied.

(2.) IT is the contention of the counsel for the petitioner that after the issuance of the Punjab Civil Services (Revised Pay) Rules, 1988 (for short '1988 Rules'), petitioner applied for change of option of the date of his increment. The said request of the petitioner was accepted by the respondents vide order dated 9.8.2002 fixing the date of increment as 27.6.1985/1.6.1985 in place of 1.1.1986 giving him the benefit of service rendered by him against vacant post of Resident Audit Officer now Assistant Controller for the period 01.08.1983 to 31.12.1983 and 10.03.1984 to 27.04.1984 i.e. for a period of six months and 19 days, which is prior to his regular promotion as Resident Audit Officer w.e.f. 15.1.1985. It is asserted that within a period of four months, petitioner again moved an application for change of his option of the date of increment which request has been declined by the respondents. Referring to Rule 6 of the 1988 Rules, he contends that the petitioner could have exercised another option within a period of four months on acceptance of his earlier request which has wrongly been declined by the respondents.

(3.) ON considering the submissions made by the counsel for the parties, prayer as made by the counsel for the petitioner in the present writ petition, cannot be accepted. Rule 6 of the 1988 Rules on which reliance has been placed by the counsel for the petitioner reads as follows:-