STATE OF PUNJAB Vs. IQBAL SINGH BRAR

JUDGEMENT

(1.) The respondent who has retired as a Joint Director (Statistics) from the Department of Agriculture had approached this Court with a prayer for the issued of a writ of Mandamus directing the respondents to grant him the selection grade of Rs. 1580-2000 in Junior Class-I Service with effect from January 1, 1978 and selection grade of Rs. 2100-2500 in the Senior Class-I Service with effect from May 17, 1983. His claim was allowed by the learned Single Judge. The State of Punjab has filed this Letters Patent Appeal. A few facts may be noticed.

(2.) The respondent was appointed to the Punjab Agriculture Service Class-II on June 1, 1962. He was appointed as a Field Officer in the pay scale of Rs. 250-750. On May 6, 1968 the respondent was promoted as Statistical Officer. As a result, his pay scale was raised from Rs. 250-750 to Rs. 350-1200. Thereafter, the respondent was promoted to the Punjab Agriculture Service Class-I, with effect from November 17, 1971. Vide order dated January 21, 1982 the respondent was promoted as Joint Director of Agriculture (Statistics). A copy of this order is at Annexure P-4 on the record.

(3.) Despite the above mentioned promotions, the respondent claimed that he was entitled to the grant of selection grade in Junior Class-I Service as well as in the Senior Class-I Service. This claim was based on the instructions issued by the State Government vide letter dated March 3, 19980. A copy of these instructions has been produced as Annexure P-7 on the record. When the Department did not accept the respondent's claim he approached this Court through a writ petition. The learned Single Judge found that the respondent fulfilled "the necessary conditions with regard to eligibility and entitlement of selection grade and has completed 15 years of service. He became entitled to the selection grade according to policy decision of the State Government." Thus, the writ petition was allowed and the authorities were directed to grant the selection grade to the respondent with effect from the date it was given to the other member of the Punjab Agriculture Service Class-II. Aggrieved by this decision, the State of Punjab and its officers have filed the present appeal.