B D GANDHI, PES CLASS-II, ORGANIZER (GAMES & SPORTS) OFFICE OF DIRECTOR PUBLIC INSTRUCTIONS (SCHOOLS, PUNJAB CHANDIGARH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner seeks a two-fold relief. Firstly, he prays for the issue of a writ in the nature of mandamus direction the respondents to grant him the selection grade of Rs. 1200-1700 w.ei. January 1,1978 and secondly he claims that the respondents he directed to include his post of Organizer (Games and Sports) in the Punjab Education Service Class-II. He further prays for the grant of consequential reliefs like fixation of seniority and further promotion. A few facts may be noticed.

(2.) The petitioner was appointed as a Clerk on October 28,1952. On September 16,1959 he was promoted as an Assistant. He was confirmed as such with effect from April 1,1966. On June 6,1975, the State Government sanctioned the creation of "one post of Organizer (Games and Sports) in the scale of Rs. 400-800." The sanction for this post was granted till February 29, 1976. Vide order dated June 25, 1975, the petitioner was appointed "as Organiser (Games and Sports) in the scale of Rs. 400-800 on six months basis or till the availability of a candidate selected by the Punjab Public Service Commission....." The petitioner continued to hold this post. Ultimately, vide order dated April 21,1986, a copy of which has been produced as Annexure P-5 with the writ petition, the petitioner's services were regularised.

(3.) As already noticed above, the pay scale of the post of Organiser (Games and Sports)was initially fixed at Rs. 400-800. Subsequently, this pay scale was revised and raised to Rs. 825- 1580 with effect from January 1, 1978. After the receipt of the recommendation of the IIIrd Pay Commission, the pay scale of this post was further raised to Rs. 2000-3500. These scales were actually granted to the petitioner. However, the petitioner claims that he should have been placed in the scale of Rs. 1200-1700 with effect from January 1,1978 and Rs. 2400-4000 from January 1,1986.