PAWAN KUMAR GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner joined the department of Information and Public Relations as a Tracer on 18.2.1964 in the erstwhile State of Punjab. He is a matriculate and has the qualification of Draftsman (Civil). After being confirmed as a Tracer on 1.4.1986, he was promoted on officiating basis as a Draftsman and with effect from 13.12.1983 he was put on probation on the said post. He was confirmed as a Draftsman vide order dated 31st March, 1970 with effect from 27th of Aug., 1969. The next post which a Draftsman can get by way of promotion is the post of Exhibition Assistant, the conditions of service of which are governed by Punjab Public Relations Department (Class III) Non-Gazetted Service Rules, 1958 (in short the Rules). Rule 9 of the said rules gives the method of recruitment to the post of Exhibition Assistant. The said rule is reproduced below : (relevant extract):-

(2.) The petitioner was promoted as an Exhibition Assistant from the post of Draftsman vide order dated 18th of March, 1974 in the pay scale of Rs. 200-450. Later on petitioner was confirmed as an Exhibition Assistant vide order dated 3.3.1987 with effect from 1.1.1983.

(3.) It would be seen from rule 9 of the rules quoted above that Assistants, Art Assistants. Draftsmen and Photographers are eligible for promotion to the post of Exhibition Assistant. It has been averred in the petition and admitted by the respondent that when the petitioner was promoted to the post of Exhibition Assistant from the post of Draftsman, the pay scale of Exhibition Assistant was Rs. 200-450 and the pay scale of Draftsman/Assistant was Rs. 170-300/160-400. The Public Relations Department was upgraded from B class to A class department with effect from 23.2.1977. On account of upgradation, the pay scales of various posts in the department were upgraded. The earlier pay scales of Assistants, i.e., Rs. 160-400 was enhanced to Rs. 225-500. The Public Relations Department had recommended to the Finance Department, vide its letter dated 1.1.1982 that the pay scale of the post of Exhibition Assistant be enhanced to Rs. 300-600. However, no final decision was taken in the matter with the result that the petitioner though holding the post of Exhibition Assistant kept on drawing pay in the pay scale of Rs. 200-450 whereas the Assistants/Draftsmen who were in the lower pay scale earlier started drawing the pay in the pay of Rs. 225-500.