BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition, challenge has been made to the notification Annexure P.3 and order Annexure P.13. It has been prayed by the petitioners that these annexures by quashed and it be declared that the condition of 12 years' service as a pre-requisite for the grant of annual increments to the promoted Draftsmen is contrary to the rules and is arbitrary and unconstitutional.

(2.) In brief the case set up by the petitioners is that they joined service of the Punjab Works Department (Irrigation Branch) on appointment as Tracers. They passed the examinations prescribed by the Chief Engineer for the purpose of promotion to the posts of Draftsmen. After having cleared the examinations, the petitioners became eligible for being considered for promotion as Draftsmen and by various orders issued in the years 1980 to 1985 the petitioners were promoted as Draftsmen. Some of these orders have been placed on record as Annexures P.2/A to P.2/D. At the relevant time the petitioners were given pay in the pay-scale of Rs. 570-1.080 which was prescribed for the post of Draftsmen.

(3.) Third Pay Commission appointed by the Government of Punjab recommended revised pay-scale of Rs. 1,500-2,640 for the posts of Draftsmen. This pay scale become effective with effect from 1.1.1986 under the Punjab Civil Services (Revised Pay) Rules, 1988. Members belonging to the cadre of Draftsmen submitted representations before the Anomalies Committee and pleaded that their pay-scale should have been higher. The Anomalies Committee accepted the representations of the Draftsmen and proposed the revised pay- scale of Rs. 1,800-3,200 for Draftsmen. The Government of Punjab gave effect to the recommendations of the Anomalies Committee vide notification dated 19.2.1990. The revised scale of pay has also been made effective from 1.1.1986 but at the same time the following note came to be inserted against Sr. No.12 relating to the posts of Draftsmen :-