RAM CHANDER Vs. PUNJAB STATE AND OTHERS

JUDGEMENT

(1.) The State of Punjab and others and have filed the present Regular Second Appeal and it has been directed against the judgment and decree dated 6.1.1995 passed by the Court of Additional District Judge, Faridkot who affirmed the judgment and decree dated 25.11.1992 passed by the Sub Judge II Class, Moga and dismissed the appeal of the State.

(2.) The brief facts of the case are that Ram Chander plaintiff joined the services of the appellant as a work charge T-mate on 1.4.1969 and his service were regularised as Truck cleaner w.e.f. 1.4.1975. He was promoted as a regular mechanic on 15.5.1984 vide order of Executive Engineer Mechanical Division, Ferozepore but the appellants failed to provide him the scale of pay of this promotion post. The case of the plaintiff-respondent further is that and Pardhan Singh joined the department on 1.12.1985 as work charge T- mate but his services were regularised in the post of driver w.e.f 1.12.1990 ignoring his seniority. After serving requisite notice under section 80 C.P.C., the plaintiff filed a suit for declaration that he was entitled to be considered for promotion from the date, his junior Pardhan Singh was promoted as driver. He also claimed consequential relief for payment of all benefits besides mandatory injunction directing the appellants to fix his salary in the scale of mechanic w.e.f. 15.5.1984 when he was promoted as such.

(3.) The suit was contested by the official defendants including the State of Punjab and it was admitted that the plaintiff-respondent joined as hammer man w.e.f. 1.5.1969 and his services were regularised as T-mate w.e.f. 1.4.1975. It was further admitted that respondent was promoted as mechanic by Executive Engineer Mechanical Drg. Construction Division Ferozepore but this was subject to the approval by the Superintending Engineer which approval was never accorded and as such there was no question of implementing the said order and fixing the pay of the respondent. As regards the appointment of Pardhan Singh, appellant it was stated that he joined as T-mate work charge on 1.12.1985 and promoted as driver work charge on 14.7.1989. It was submitted that the seniority of work charge employees and regular establishments are maintained separately and as the respondent served as regular T-mate he was not considered for promotion against the vacancy of work charge driver. Later on on occurrence of regular vacancy of driver, the services of Pardhan Singh were regularised w.e.f. 1.12.1990.