KULWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed the instant writ petition under Articles 226 & 227 of the Constitution of India, seeking a writ of certiorari for quashing the order dtd. 18/5/2000 (Annexure P-18), whereby pay of the petitioner was refixed and recovery was ordered to be effected from her. Further, seeking a writ of mandamus, directing the respondents not to withdraw the benefits which have already been availed by the petitioner and to fix the seniority of the petitioner from the date of her joining as Clerk in accordance with the rules.

(2.) The brief facts, as have been pleaded in the present petition, are that the petitioner, upon selection by the Punjab Subordinate Services Selection Board, was appointed as a Clerk, vide letter dtd. 2/9/1983 (Annexure P-1) and she joined in the office of Chief Engineer, Public Works Department (B&R) Headquarter, Patiala on 8/9/1983. Thereafter, the petitioner got married at Sirhind, where her in-laws were permanently settled and after she was blessed with a child, she submitted a representation dtd. 25/3/1987 (Annexure P-2) to respondent No.2-Chief Engineer (NH) Punjab, PWD (B&R), Patiala, requesting to transfer her from the Head Office, Patiala to the National Highway (4LP) Circle, Chandigarh with a posting at Sirhind. The said request was accepted by the respondents and accordingly, the petitioner was transferred from the Head Office, Patiala to the National Highway Circle, Chandigarh, vide order dtd. 15/4/1987 (Annexure P-3), with the condition that her seniority in the National Highway Circle, Chandigarh would be determined from the date of her joining therein and that she would have no lien in the Head Office, Patiala. It has further been stated that on the transfer of the petitioner, her pay was duly protected. Thereafter, on 15/3/1988, the petitioner again submitted representation (Annexure P-5) to respondent No.2, for her transfer to the Head Office, Patiala in view of her changed family circumstances. In furtherance thereof, the Superintending Engineer, National Highway Circle, Chandigarh addressed a letter dtd. 24/4/1990 (Annexure P-6) to respondent No.2 recommending that the petitioner be transferred back to the Head Office, Patiala. The Superintending Engineer, National Highway Circle, Chandigarh again sent a letter dtd. 10/5/1990 (Annexure P-7) to respondent No.2 requesting that orders for transfer of the petitioner and two other Clerks may be issued at the earliest. Finally, the request of the petitioner was accepted and she was transferred back to the Head Office, Patiala, vide order dtd. 29/5/1990 (Annexure P-9) subject to the condition that her seniority would be placed at the bottom of the seniority list of Clerks at the Head Office, Patiala, however, her pay was ordered to be protected. Persuant thereto, the petitioner joined back at Head Office, Patiala on 31/5/1990 (Annexure P-11). Thereafter, the basic pay of the petitioner was fixed in the pay scale of Rs.1200.002100/- w.e.f. 1/9/1988 which become admissible on completion of five years of service and further fixed at Rs.1230.00 w.e.f. 1/9/1989, vide order dated May, 1991. Thereafter, the Superintending Engineer, National Highway Circle, Chandigarh circulated a seniority list of Clerks of the National Highway Circle, Chandigarh, however, the name of the petitioner did not mention therein. Aggrieved by, the petitioner submitted a representation through respondent No.2. While forwarding the said representation, respondent No.2 addressed to the Superintending Engineer, National Highway Circle, Chandigarh that since the name of the petitioner had not been reflected in the seniority list of the Clerks of the National Highway Circle, Chandigarh, her pay had not been disbursed in accordance with later circular of pay revision and requested that the needful be done within 07 days by settling the arrears of pay due to the petitioner. In response thereto, the Superintending Engineer, National Highway Circle, Chandigarh, vide reply dtd. 12/12/1990, informed respondent No.2 that the petitioner had already been granted the admissible pay scale as per office order dtd. 15/10/1990. Thereafter, the petitioner was confirmed as Clerk, vide office order dtd. 11/11/1992 issued by respondent No.2 in pursuance of Government of Punjab, Department of Personnel and Administrative Reforms, notification dtd. 4/4/1991 and the petitioner also qualified the Assistant Grade Examination in the year 1994. Thereafter, the petitioner was designated as Senior Clerk in the pay scale of Rs.1200.002100/-, vide office order dtd. 4/4/1997, w.e.f. 1/7/1995. Subsequently, the petitioner was granted the revised pay scale of Rs.4020.006200/- w.e.f. 1/1/1996 and her pay was revised at Rs.4550.00 w.e.f. 1/1/1996 and further at Rs.4700.00 w.e.f. 1/9/1996. Further, on giving her first proficiency step-up, her basic pay was fixed at Rs.4850.00 w.e.f. 8/9/1996 and thereafter, at Rs.5000.00 w.e.f. 1/9/1997 and finally the basic pay of the petitioner was fixed at Rs.5300.00 w.e.f. 1/9/1999. Thereafter, the petitioner, vide her letter dtd. 11/6/1996, requested respondent No.2 to consider her seniority sympathetically w.e.f. 8/9/1983 i.e. the date on which she initially joined as Clerk in the Head Office, Patiala. However, the petitioner was issued a show cause notice dtd. 28/10/1999 (Annexure P-16), wherein it was stated that upon her re-transfer to the Head Office, Patiala, her pay was not required to be protected as Senior Clerk and required to be fixed in the pay scale of Rs.950.001800/-. It was further stated that in view of the audit objection, her pay was required to be re-fixed in the pay scale of Clerk. Her objections were sought to the proposed re-fixation of pay which was submitted by the petitioner on 23/12/1999 (Annexure P-17), wherein it was stated that her basic pay was liable to be protected under the relevant provisions of the Punjab Civil Services Rules read with the Punjab Financial Regulations. She also pointed out that had she continued in the Circle Office, she would have been entitled to the pay scale of Rs.1500.002600/- (admissible on completion of ten years of service), however, instead of allowing her the said scale, by taking into account the services rendered by her in the same office, except the short period when she was transferred to National Highway Circle, Chandigarh, the pay scale of Rs.1200.002100/- (admissible on completion of five years of service) was granted to her vide office order dtd. 15/10/1990 (Annexure P-12) and further, revised pay scale had also been withdrawn from her. Thereafter, respondent No.2, vide order dtd. 18/5/2000 (Annexure P-18), while rejecting the reply filed by the petitioner, has re-fixed the pay scale of the petitioner as Rs.950.001800/-and ordered recovery of an amount of Rs.64,742.00 to be effected from the petitioner in 20 equal installments. As such, apart from reducing the pay of the petitioner by Rs.851.00 per month, recovery of the alleged excess amount was also sought to be made, vide impugned order dtd. 18/5/2000, which has been challenged in the present petition.

(3.) While issuing notice of motion in the present petition, vide order dtd. 1/6/2000, recovery was stayed. Thereafter, vide order dtd. 24/10/2002, the instant petition was admitted.