GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Factually, it is not disputed that the petitioner, who was working as a Social Education and Panchayat Officer, was given current duty charge of the post of B.D. & P.O. with effect from 20.12.1988 and till retirement on 30.11.1989, he went on discharging the duties of B.D. & P.O. The case of the petitioner is that he having discharged the duties of B.D. & P.O. to which post he was otherwise also entitled to be considered for promotion, the petitioner was entitled to pay and emoluments of the post of B.D. & P.O. with all consequential benefits. The primary reliance is on the judgment of the Supreme Court in case RAVINDRA ISHWARDAS SETHNA V/S OFFICIAL LIQUIDATOR, HIGH COURT, BOMBAY, 1983 AIR(SC) 1061. Learned counsel for the petitioner further relied on a D.B.Judgment of this Court in Civil Writ Petition No. 13465 of 1991 rendered on 16.1.1992, whereby a similarly situated S.E. & P.O. who had been given current duty charge of the post of B.D. & P.O. was granted the pay and emoluments of the post of B.D. & P.O. A copy of the judgment has been attached as Annexure P-4 with the writ petition.

(2.) Learned counsel for the respondents has not been able to distinguish on facts or law the judgments referred to by the learned counsel for the petitioner.

(3.) In this view of the matter, we allow this writ petition and direct the respondents to grant the petitioner the pay and allowances of the post of B.D. & EO. for the period he worked as such with all consequential benefits. Let these directions be carried out within a period of three months of the receipt of copy of this order from this Court or a certified copy thereof from the petitioner.