PRITHVI PAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for a direction to the respondents to grant regular promotion to the petitioner to the post of Block Primary Education Officer from the date persons junior to him were promoted with all other consequential benefits and further directing the respondents to grant pay and allowances attached to the post of Block Primary Education Officer for the period, the petitioner was directed to work on the said post. Learned counsel for the petitioner submitted that the petitioner was appointed as JBT teacher on ad hoc basis on 25.11.1969. His services were regularised as such w.e.f. 21.1.1976. On 21.12.2001, the petitioner was promoted as Centre Head Teacher. From 16.1.2002 onwards, the petitioner had been serving as Block Primary Education Officer. He retired as such on 28.2.2009. Though certain persons junior to the petitioner were promoted as Block Primary Education Officer on regular basis, whereas the petitioner was not promoted. However, considering the fact that the petitioner had retired from service on 28.2.2009, learned counsel for the petitioner submitted that his prayer with regard to promotion to that post has been rendered infructuous, however, he claims that the petitioner is entitled to pay and allowances of the higher post on which he worked continuously for more than 7 years before his retirement. In support of his plea, reliance was placed upon a judgment of Hon'ble the Supreme Court in Selvaraj v. Lt. Governor of Island, Port Blair and others, 1998 4 RSJ 22and of this court in CWP No. 4552 of 2003 - Darshan Singh and another v. The State of Punjab and others, decided on 1.7.2010.

(2.) On the other hand, learned counsel for the respondents submitted that the petitioner is not entitled to pay and allowances for the post of Block Primary Education Officer for the reason that he was only given temporary charge to exercise the power of drawing and disbursing officer while specifically mentioning in the order that he will not be entitled to any extra allowances for the same. The petitioner having accepted those conditions had been working on that post. At this stage, he cannot be permitted to claim the benefits of that post.

(3.) Heard learned counsel for the parties and perused the paper book.