YASHPAL SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THROUGH the present writ petition, the petitioner prays for the issuance of a direction to the respondents to release the salary of the petitioner w.e.f. 01.11.2011 i.e. the date when the petitioner joined as Section Officer (Civil) on regular basis in the pay scale of 10300 -34800+3800 Grade Pay, as according to the petitioner, in spite of regularization of his services vide orders dated 01.11.2011 (Annexure P -4) and 25.11.2011 (Annexure P -6), he is not being paid the salary as per regular pay scales applicable to the post, on which his services have been regularized. It is the case of the petitioner that his services had been regularized as per the policy of the Government of Punjab dated 17.11.2011.

(2.) ON notice having been issued, the State of Punjab, as also the respondent -Punjab School Education Board (hereinafter referred to as -the Board), have filed separate written statements. So far as the Board is concerned, it has been stated that the services of the petitioner have been regularized by the Board in view of circular dated 17.11.2011 of the State Government, but the salary, as claimed by the petitioner, has not been paid to him in view of audit objections. As per these objections, the services of the petitioner, in view of circular dated 17.11.2011, could not have been regularized by the Board itself as according to the above referred circular, the respondent Board could only recommend the case of the petitioner to the State Government and it was the State Government, which was competent to take a final decision thereon. In view of the above audit objection, the respondent Board has submitted that the case of the petitioner for regularization of his services has been sent to the Government for post facto approval and as soon as approval is granted by the State Government, he shall be paid as per pay scales applicable to regularly appointed Section Officers (Civil).

(3.) I have heard learned counsel for the parties and with their able assistance, have also perused the record of the case.