DEEP SINGH SAHOTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Factually, it is not disputed that the petitioner while working as Deputy Director in the Department of Agriculture, State of Punjab was given the current duty charge of the post of Director w.e.f. 30.11.1999. Subsequently, vide order dated 19.7.2000, the petitioner was promoted to such post on regular basis in the pay scale of Rs. 18600-22100. The order of regular promotion of the petitioner to the post of Director dated 19.7.2000 came to be impugned by filing Civil Writ Petition No.9362 of 2000, titled as "Dr.Mewa Singh Sonar v. State of Punjab and another". A Division Bench of this Court on 10.10.2000 set aside the regular promotion of the petitioner to the post of Director taking notice of the stand of the State Government that the matter was under re-consideration of the State Government. However, it was directed that since the private respondent therein (present petitioner) had been holding the current duty charge of the post of Director even prior to the passing of the regular promotion order, he would continue to hold such charge till regular selection is made by the State Government. Petitioner as such continued to hold the current duty charge of the post of Director till he attained the age of superannuation on 31.12.2000.

(2.) The instant writ petition has been filed raising a claim that since the petitioner had discharged the duties of the post of Director from 30.11.1999 to 31.12.2000 (including the period 19.7.2000 to 9.10.2000 on regular basis), he was entitled to the pay and emoluments of the post of Director with all consequential benefits. Further challenge in the petition is to the action of the respondent-authorities in having made a deduction of an amount of Rs. 16,380/- purportedly on account of the order of regular promotion to the post of Director, dated 19.7.2000 having been set aside by this Court in Civil Writ Petition No.9362 of 2000.

(3.) The claim of the petitioner has been resisted by the State in terms of adverting to the order dated 3.11.2000 at Annexure P4 whereby a stipulation had been entered that the petitioner was being given the current duty charge of the post of Director, Agriculture, Punjab without any extra remuneration. In a nut-shell, the stand of State Government is that since the petitioner has been given the current duty charge of the higher post in addition to his own duties while holding the substantive post of Joint Director, Agriculture, he was not entitled to any extra remuneration. Still further, the deduction of Rs. 16,380/- was justified on the basis that the regular promotion order having been set aside, the petitioner was not even entitled to the pay scale admissible to the post of Director against which he had worked on a regular basis for the period 19.7.2000 to 9.10.2000.