RULDA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner joined the service as Pump Operator on 1.1.1992 on daily wages. During his service, he filed a writ petition claiming the minimum of the regular pay scale which was admittedly allowed. As per the rules, he should have been relieved on 30.4.2010 because he was to attain the age of superannuation in April 2010. However, by some oversight (and not any malfeasance attributed to him), he was allowed to continue up to 31.3.2011. It was in these circumstances, he filed the present writ petition praying for the following relief's:

(2.) Counsel for the respondents has placed on record an affidavit of Kulbir Singh Dhanju, XEN, Water Supply and Sanitation Division No. 2, Patiala on behalf of respondents No. 1 to 3.

(3.) The only surviving claim, as per counsel for the petitioner, is that though pay of the petitioner has been fixed at the minimum of the revised pay scale w.e.f. 1.1.2006 and his GPF outstanding has been computed on that basis, yet arrears on account of revision of pay scale have not been given to him w.e.f. 1.1.2006 till 30.4.2010. In my opinion, this prayer is unexceptionable. The argument that the petitioner was not entitled to arrears because he was not in the regular service cannot be accepted, since what the petitioner is claiming is not arrears in the regular pay scale but arrears in the minimum of the regular pay scale. Consequently, this prayer is also allowed and the respondents are directed to compute the arrears due to the petitioner w.e.f. 1.1.2006 till 30.4.2010 at the minimum of the revised pay scale and release the same to him within three months from the date of receipt of a certified copy of this order failing which the petitioner would be entitled to claim the same with interest @ 8% p.a. from the date/s the amount/s fell due till the date of payment. The impugned order whereby recovery from the salary of the petitioner from 1.5.2010 to 31.3.2011 was ordered is set aside. Petition stands disposed off.