STATE OF PUNJAB Vs. ASHA RANI

JUDGEMENT

(1.) The defendants, State of Punjab and others have concurrently lost before the two courts below. The claim of the plaintiff for declaration and mandatory injunction was decreed.

(2.) The plaintiff filed a suit for declaration to the effect that order dated January 22,2003 passed by defendant No.3 whereby the basic pay of the plaintiff had been reduced as a result of wrong fixation of the basic pay with effect from January 1,1990, was illegal, arbitrary and against the principles of natural justice and was liable to be set aside. Consequently, it was claimed that the defendants be directed to pay the monthly salary to the plaintiff on the basis of the basic pay which was being drawn by her before issuance of the aforesaid order and also pay the arrears of pay and allowances with effect from January 1 ,2003.

(3.) Both the Courts below have noticed that a Clerk was to be promoted as Senior. Clerk as per notification dated June 15,1990, Ex.P4 , read with letter dated August 23,1990, Ex.P5, on fulfillment of two conditions i.e. a Clerk must have completed five years service in the pay scale of Rs.950-1800 and also must faras2636ll within the ratio of 20:40:40 from January 1,1986 onwards on first of January every year. The courts below have held that the plaintiff had completed five years of service on September 29,1988 and had become entitled to the post of Senior Clerk as on January 1,1989. However, since the plaintiff had claimed seniority not from January 1,1989 but from January 1'1990, therefore, she was designated a Senior Clerk on January 1,1990 in the pay scale of Rs.1200-2100 and subsequently in the pay scale of Rs.1200-2130. The plaintiff was, thus, held entitled to promotion as Senior Clerk with effect from January 1,1991. On the basis of the aforesaid findings, the suit filed by the plaintiff was decreed by the learned trial Court and the appeal of the defendants was dismissed by the learned first appellate Court.