GURMAIL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226/227 of the Constitution of India, for seeking issuance of a writ in the nature of mandamus directing the respondents to grant the petitioner the pay scale of Rs. 1200-2100 (meant for a Mechanical Fitter) w.e.f. 3.6.1981 the day he was promoted.

(2.) The petitioner was appointed as Fitter Helper (Regular work charged) on 18.5.1976 in a regular pay scale of Rs. 750-1200. He has passed the matriculation examination and has also acquired the qualification of I.T.I. Subsequently, he was promoted as Mechanical Fitter vide order dated 3.6.1981, copy Annexure P1. However, a condition had been in the order of promotion, which reads as under :

(3.) It is the case of the petitioner that for being promoted to the post of Mechanical Fitter no experience is required. It is also the averment that despite a period of 12 years having passed and the petitioner working as Mechanical Fitter, has not been given the pay scale meant for Mechanical Fitter. He approached the concerned quarters but at in vain. It was on August 7, 1992, a representation in writing was submitted, copy of Annexure P3. He had also served a justice demand notice dated 8.12.1992 with the additional prayer of fixing seniority amongst the Mechanical Fitters, as has been claimed in the present petition, copy Annexure P5. On account of inaction on the part of the respondents, the present petition has been filed.