KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) On March 3, 1980, vide Annexure R-1, State Government issued instructions regarding the grant of selection grade to its employees w.e.f. January 1, 1978. As to in which category of posts selection grade was to be admissible and to what number of posts in the cadre and when it will become admissible, the instructions laid down as follows :

(2.) Vide instructions dated May 18, 1987 (Annexure P-3), which were in the form of clarification of the earlier instructions dated March 3, 1980, it was clarified that if by application of the instructions dated March 3, 1980, a promotee officer by getting his service counted in the lower rank as well as in the rank, where the selection grade is to be awarded, completes fifteen years of service but happens to be lower in seniority than any other person like a direct recruit, then in that eventuality, a post for the senior would be kept reserved in the selection grade and such a senior person would be granted the selection grade when it becomes admissible to him on completion of 15 years of service.

(3.) Let us notice the facts of the present case. The petitioners joined the Public Works Department (Buildings and Road Branch) as Sub Divisional Engineers by way of direct recruitment in November, 1970. Thereafter they were granted ad hoc promotions as Executive Engineers in July, 1975. They were reverted on December 29, 1977, but were again promoted on the same day as ad hoc Executive Engineers. The order has been attached as Annexure P-1. One Shri A.S. Mann had joined the service in the Public Works Department (Buildings & Road Branch) as Junior Engineer on April 28, 1956. He was promoted as Sub Divisional Engineer on December 22, 1971. The petitioners are senior to Shri A.S. Mann in the rank of Sub Divisional Engineer. In the gradation list, the petitioners were shown at Sr. No. 4 and 9 in the rank of Sub Divisional Engineer whereas Shri A.S. Mann was at Sr. No. 64. One Shri Davender Singh Sekhon is senior to Shri A.S. Mann but junior to the petitioners as Sub Divisional Engineer. Shri A.S. Mann had filed a civil suit claiming that he was entitled to the grant of selection grade w.e.f. January 1, 1978. The civil suit was decreed in his favour on September 24, 1985. He had claimed that his seniority is at Sr. No. 64 whereas persons who were at Sr. No. 74 to 77 had been granted selection grade. The appeal of the State of Punjab was also dismissed. The Regular Second Appeal No. 2316 of 1986 filed by the State was also dismissed in limine on September 22, 1986. Shri A.S. Mann was released the selection grade w.e.f. January 1, 1978, vide order dated April 21, 1989, copy Annexure P-4. Shri Davender Singh Sekhon filed a writ petition - C.W.P. No. 14777 of 1995 that Shri A.S. Mann, who was junior to him, had been granted the selection grade and the same had to be granted to the seniors. This writ petition was allowed on September 12, 1996. The petitioners claim that since it was decided in the writ petition of Davender Singh Sekhon that if selection grade has been granted to a junior person, the same should be granted to the seniors as well; they are also entitled to the grant of selection grade w.e.f. January 1, 1978.