RAJ KUMAR SINGH Vs. PUNJAB MANDI BOARD

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the appointment of respondent Nos. 4 and 5 on deputation and the order dated 05.04.1995 (Annexure P -15), whereby, petitioner had been denied his regular promotion.

(2.) LEARNED counsel for the petitioner has submitted that vide order dated 08.05.1991 (Annexure P -7), petitioner was given CDC charge of Assistant Engineer (Electrical) on account of long leave taken by Paramjit Singh, Assistant Engineer (Electrical). Thereafter, petitioner continued performing duties on the said post till the petitioner was regularly promoted as Assistant Engineer (Electrical) vide order dated 05.04.1995 (Annexure P -15). Learned counsel has further submitted that now the only relief that remains to be granted to the petitioner is that he has to be paid the salary admissible to Assistant Engineer (Electrical) from 08.05.1991 till he was regularly promoted as Assistant Engineer (Electrical) vide order dated 05.04.1995 (Annexure P -15). Learned counsel has further submitted that since the petitioner has performed the duties of Assistant Engineer (Electrical) from the passing of the order Annexure P -7 till he was made regular vide order Annexure P -15, he was entitled to receive salary attached to the post of Assistant Engineer (Electrical). In support of his arguments, learned counsel has placed reliance on judgment of Hon'ble the Supreme Court in Arindam Chattopadhyay and others Vs. State of West Bengal and others : 2013 (3) RSJ 230 wherein it was held as under: -

(3.) LEARNED counsel for the respondent -Board, on the other hand, has opposed the petition.