JOHAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition filed under Article 226 of Constitution by one Johar Singh prays for issuance of a writ of certiorari quashing order dated 23.9.1996 (Annexure P-8) passed by respondent 3 reverting the petitioner from the post of Mixer Operator to the post of Chowkidar. A further prayer has also been made directing the respondents to reinstate the petitioner on the post of Mixer Operator w.e.f. 15.7.1991 with a direction to pay all the arrears of salary and other consequential benefits.

(2.) To start with in 1984 petitioner was appointed as Beldar in the pay scale of Rs. 770-1350/-. He was promoted as Mixer Operator on 16.4.1985 in the pay scale of Rs. 1000-1800/- where he worked till 31.12.1985. On 1.1.1986 the petitioner was reverted as Beldar without any opportunity of hearing and notice. On 25.7.1991 the petitioner was again promoted as Mixer Operator w.e.f. 15.7.1991 in the revised pay scale of Rs. 1000-1800/- as is evident from Annexure P-2. However, by an order dated 24.9.1991 he was placed under suspension as Chowkidar (Annexure R-4). He was reinstated on 23.1.1995 (Annexure P-3) on the post of Chowkidar. His suspension period from 1.8.1991 to 23.1.1995 was treated as duty period and he was held entitled to claim his full wages for the suspension period (Annexure P-4). On the basis of some representation made by the petitioner on 30.7.1995 the Superintending Engineer vide letter dated 28.11.1995 (Annexure P-5) issued directions to the Executive Engineer, Ghanauli Construction Division, S.Y.L. Canal Project, Ropar to give effect to the office letter dated 25.7.1991 which has given promotion to the petitioner as Mixer Operator w.e.f. 15.7.1991 and necessary report in that regard was to be submitted to the office. On 9.1.1996, the Executive Engineer appraised the Sub Divisional Officer about the order of the Superintending Engineer and sought its compliance by directing the Sub Divisional Officer to accept the joining report of the petitioner as Mixer Operator w.e.f. 15.7.1991. A copy of the joining report was also sent along with letter dated 28.11.1995 (Annexure P-5). As a consequence, the petitioner was promoted on the post of Mixer Operator (Technician) as is evident from order dated 18.7.1996 (Annexure P-7) and he was granted benefit of fixation of his pay in the revised master scale. He was also paid arrears of salary w.e.f. 1.1.1996 to 30.11.1996. The petitioner had taken charge of the post of Mixer Operator w.e.f. 1.1.1996 at Ghanauli Construction Division, S.Y.L. Canal Project, Ropar and was paid salary in the pay scale of Rs. 1000-1800/- with special pay of Rs. 150/- P.M. which is permissible to a Mixer Operator. He has also got increments from 15.7.1991 to July, 1996. These facts are evident from the affidavit dated 4.9.1997 which the petitioner has filed in support of the petition.

(3.) After having permitted the petitioner to work as a Mixer Operator from 1.1.1996 to 30.11.1996 and paying him salary for the aforementioned period, the Superintending Engineer, Construction Circle No. 1, S.Y.L. Canal Project, Chandigarh sent a communication stating that the petitioner was to work as a Chowkidar. In reply to this letter, the Executive Engineer, Ghanauli Construction Division, S.Y.L. Canal Project, Ropar sent a reply to the Superintending Engineer stating that on one hand a direction has been issued by the Superintending Engineer for promoting the petitioner as Mixer Operator and on the other hand it has been directed to continue the petitioner as a Chowkidar. The reply sent by the Executive Engineer makes an interesting reading and the relevant part of the same is extracted below :-