ASHOK KUMAR Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) THE petitioner who was initially appointed as a Class IV employee on 17.05.1993 with the Department of Public Health & Sanitation, State of Punjab has filed the instant writ petition praying for the issuance of a writ in the nature of mandamus for directing the respondents to consider the case of the petitioner for appointment as a Fitter Collie as also to grant him the pay scale of such post. Counsel for the petitioner has submitted that since the date of initial appointment on a class IV post, the respondents have been taking the work of a Fitter Collie but have denied him the pay and emoluments admissible against such post. It has further submitted that the petitioner has even obtained the trade certificate in Fitter Trade in July 1992 and as such, he is fully qualified to hold such post. Counsel has further referred to the observations of the Labour Court, Amritsar given in the Award dated 27.03.2001 (Annexure P -4), whereby it was noticed that the Workmen/petitioner had worked as a Fitter Collie but had been paid the consolidated salary of Rs. 1500/ - only from 1993 up to 13.11.1996.

(2.) IT is by now well settled that a person who is called upon to discharge duties and responsibilities of a higher post is also entitled to the pay and emoluments of such post.

(3.) IN the eventuality of any such representation being preferred, the respondent -authorities/Competent Authority shall be obligated to consider the same strictly in accordance with law and to take a final decision thereupon by passing a speaking order within a period of four months from the date of submission of the same. Disposed of.