DAIZY SOOD Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This intra-Court appeal under Clause X of the Letters Patent has been filed against the judgment dated 27.2.2013, whereby, the petition (CWP No.7233 of 2008) filed by the petitioner seeking directions to the respondents to count the previous service rendered by her as Medical Officer in the State of Haryana and accordingly refix her pay, has been dismissed.

(2.) The appellant was appointed as Medical Officer in the State of Haryana, Department of Health and Family Welfare on regular basis vide order dated 07.11.1984. While working in General Hospital, Kaithal, she came on deputation to the State of Punjab for a period of one year vide order dated 8.12.1998 (Annexure P-1). This deputation period was further extended on 30.1.2000 and 12.2.2001 (Annexures P-2 and P-3). During the period of her deputation, she was given the benefit of higher pay scale permitted to a Medical Officer on completion of 5/9/14 years of service. While on deputation, vide letter dated 26.12.2001 (Annexure P-4), she was offered appointment as Medical Officer in Punjab Civil Medical Services-I by the Punjab Government by way of transfer from Haryana Government. It was stated in the letter that the appointment will be initially temporary and the same would be subject to verification of her conduct and antecedents. The appointment was stated to be under Punjab Civil Medical Services Rules, 1982 (for short 'the 1982 Rules'). The appellant accepted the offer and joined at Primary Health Centre Daroli Bhai, Moga on 03.1.2002. Sometime thereafter, the appellant submitted a representation claiming that she be granted the benefit of service rendered by her in the State of Haryana and that her pay be also protected. When no positive response was received, she filed the writ petition praying for directions to the respondents to count the previous service rendered by her in the State of Haryana for the purpose of protection of pay as well as grant of higher pay scale etc. For claiming this benefit, reliance was placed on letter dated 15.11.2000 (Annexure P-5) of the Government of Punjab, Department of Finance on the subject of protection/fixation of pay of Government employees appointed by transfer/open selection from one service to another.

(3.) The claim of the petitioner was disputed by the respondents. In the written statement, while relying on her appointment letter dated 26.12.2001, it was stated that since the offer of appointment to the appellant was by way of fresh appointment and the basic pay was specified therein and the initial start as well, hence she was not entitled to protection of her pay drawn previously in the State of Haryana. Regarding the instructions dated 15.11.2000, it was stated that the said instructions are applicable to only such Government employees, who had rendered their service within the State of Punjab.