STATE OF PUNJAB Vs. SUBASH CHANDER OBEROI

JUDGEMENT

(1.) The respondent No. 1 had joined service as Assistant Superintendent of Jails on June 23, 1962. He was promoted as Deputy Superintendent Jail Grade II with effect from November 15, 1976. On August 16, 1983 the respondent was promoted as Deputy Superintendent Grade I Superintendent, District Jail. While he was working as such, the respondent was posted as Superintendent, Central Jail vide order dated July 29, 1988. A copy of this order has been produced as Annexure P-2 with the writ petition. This post was given to the respondent "in his own pay scale of Superintendent, District Jail." On July 10, 1990 the respondent was informed that he had not passed the departmental examination with the prescribed standard and that the information sent by him vide letter dated March 17, 1989 appeared to be incorrect. Thus, he was not to be allowed the next increment. It further appears that the respondent apprehended that he would be transferred from the Central Jail to the District Jail. He, thus, approached this Court through a petition under Article 226 of the Constitution of India. He prayed inter alia that he may be treated as a regular Superintendent, Central Jail with effect from July 29, 1988 and the department be directed to grant him "the pay scale of Superintendent, Central Jail which is a Class-I post with effect from July 29, 1988."

(2.) The learned Single Judge held that the respondent was entitled to the pay scale of the post of Superintendent Central Jail from July 29, 1988 till May 15, 1991 when the stay order regarding his reversion was vacated. Aggrieved by this judgment, the State of Punjab has filed this appeal.

(3.) Learned counsel for the parties have been heard.