SWARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioners, who are presently working as Inspectors Grade I, in the Cooperative Department of the Government of Punjab, have questioned the legality of Annexure P3 issued by the Government of Punjab for merger of the posts of Inspectors Grade II with those of Inspectors Grade I. Petitioners have prayed that Annexure P. 3 be quashed and respondents be directed not to give effect to the same.

(2.) In brief, the case set up by the petitioners is that they are all working as Inspectors Grade I kin the Cooperative Department of the Government of Punjab and their service conditions are governed by the Punjab Cooperative Department (State Service) Class III, Rules 1978 (for short '1978 Rules'). These Rules contemplate appointment on the posts of Inspectors Grade I by direct recruitment as well as by promotion/transfer. Petitioners have stated that they are eligible for promotion to the post of Assistant Registrar. They have further stated that private respondents are holding the posts of Inspectors Grade II (earlier designated as Sub-Inspectors). The private respondents are eligible to be considered for promotion to the post of Inspector Grade I. Petitioners have further asserted that Inspectors Grade I are in all respects superior to Inspectors Grade II in as much as the pay scale of Inspectors Grade 1 is higher than that of Inspectors Grade II. Inspectors higher than that of Inspectors Grade II. Inspectors Grade I act as supervisory authority over Inspectors Grade II. The former initiates the annual confidential reports of the latter. Notwithstanding this difference in the status and nature of duties of the two posts, the Government of Punjab has issued notification Annexure P. 3 dated 9.7.1992 for merger of the posts of Inspectors Grade II with Inspectors Grade I.

(3.) Petitioners have questioned the legality of the notification Annexure P. 3 on the ground that it is contrary to 1978 Rules and the provisions of the Constitution. Another ground of challenge to the impugned notification is that the Government has brought about merger without application of mind, and lastly that their promotional chances would be adversely affected by the impugned notification.