ZORA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ, direction or order especially in the nature of certiorari/mandamus to quash order no.2511 dated 30.7.2003 (Annexure P-5) and instructions dated 29.10.1991 issued by the Government of Punjab, Department of Personnel and Administrative Reforms dated 29.10.1991 (Annexure P-6) and to grant the petitioner benefit of workcharge service for the purpose of granting proficiency step up increment on completion of 8/18 years of service.

(2.) Brief facts necessary for the disposal of this petition are that petitioner is working on the post of Tubewell Operator under respondent no.4. The petitioner initially joined the Department on workcharge basis and his service was later regularised as per the Government instructions. While working on workcharge basis, the petitioner was granted pay scale for the post on which he was appointed and was also given annual increment. The workcharge service rendered by the petitioner prior to his regularization is also countable for the purpose of pension and other service benefits, therefore, there is no difference between the workchrge service and the regular service. The Government of Punjab in the Department of Personnel & Administrative Reforms issued instructions on 1.12.1998, vide which, subject to suitability, besides the regular annual increment, one additional increment on each occasion of completion of 8 years and 18 years service on or after Ist January, 1986 against a post in the form of proficiency step up was ordered to be granted to all the Punjab Govt. employees except the members of Punjab Civil Services (Executive Branch), Deputy Superintendents of Police and members of the Punjab Forest Service Class-II. In view of said notification, the petitioner became eligible for the grant of proficiency step up increment by counting workcharge service into consideration alonwith regular service. The Punjab Government issued clarification regarding proficiency step up increments vide letter dated 1.9.1989 whereby number of clarifications were given and as per clarification given at point no.6 that service rendered on ad hoc basis is not to be counted for the purpose of grant of proficiency step up. The said clarification nowhere shows that the service rendered on workcharge basis is not to be counted for the purpose of grant of proficiency step up. The letter dated 1.9.1989 has been further clarified vide Punjab Government letter no.7/106/91-5/PPI/19586 dated 20.9.1994 to the effect that the letters dated 1.9.1989 and 26.3.1994 are prospective in operation. Learned counsel for the petitioner contended that perusal of the said instructions shows that the case of the petitioner has to be dealt with as per the government instructions dated 1.12.1988, vide which, the petitioner is fully eligible for the grant of benefit of proficiency.

(3.) However, in the light of aforesaid instructions/clarifications and despite various representations, the service rendered by the petitioner alongwith others was not counted towards the grant of proficiency step up increments on completion of 8/18 years of their service. The petitioner served a legal notice upon the respondents referred various decision of the Hon'ble Apex Court as well as of this Court. The petitioner alongwith others thereafter filed CWP No.6676 of 2003 in this Court for the issuance of directions to respondents which was disposed of by the Division Bench of this Court on 2.5.2003 with the directions to respondent no.3 to decide the legal notice of the petitioner in accordance with law by passing speaking order within three months. In compliance of the directions of this Court, respondent no.3 has passed the order dated 30.7.2003 whereby the claim of the petitioner along with 108 other similarly situated has been rejected on the ground that vide instructions dated 29.10.1991, the Government has clarified that the benefit of proficiency step up(s) is not admissible to the workcharge employees on completion of 8/18 years service.