AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Director of Industries, Punjab, Chandigarh got published advertisement in the Daily Tribune dated 16.5.1989 (Copy of which has been annexed as Annexure P-4) inviting applications inter-alia for 107 posts of Supervisors which were sanctioned for a period of eight months. Pursuant to the said advertisement, the petitioners who were already working as Junior Field Investigators in the Department of Industries, State of Punjab applied for the posts of Supervisors. Thereafter all the petitioners alongwith certain other candidates were appointed as Supervisors in the Industries Department, Government of Punjab under the Census Scheme. The tenure of these posts was extended upto 31.7.1990 and with effect from 1.8.1990 all the said 107 posts were abolished and consequently all the incumbents including the petitioners became surplus. The petitioners were, however, appointed as Junior Field Investigator with effect from 1.8.1990, against the same posts which they were holding prior to joining the posts of Supervisor in the Industries Department. It may be relevant to note here that the pay scale of the Field Investigator at the relevant time was 950-1800. Some of the persons who also became surplus as a result of abolishing of 107 posts of Supervisors were, however, absorbed against the posts carrying pay scale of Rs. 2000-3500 and some were absorbed on the posts carrying pay scale of Rs. 1800-3200. The petitioners, therefore, also represented to the State Government that since some of the employees who like the petitioners had also become surplus as a result of abolishing 107 posts of Supervisors, have been absorbed on the posts carrying higher scales, as mentioned herein above, they should also be considered and absorbed against the posts carrying the higher scales. Since the request of the petitioners was rejected by the State Government, the present writ petition was filed by the petitioners.

(2.) Written statement on behalf of the official respondents has been filed. In the written statement, inter-alia, it has been contended by the official respondents that the other persons who had been adjusted against the posts carrying higher scale, were rendered surplus as a result of abolishing of 107 posts of Supervisors but the petitioners were never rendered surplus as a result of abolishing of those posts but on the contrary they were reverted to their original posts of Junior Field Investigator which they were holding when they were appointed as Supervisor.

(3.) Mr. Chopra, the learned counsel appearing on behalf of the petitioners submits that the point raised in this writ petition is squarely covered by a judgement dated 17.10.1996 which was rendered by a Division Bench of this Court in Civil Writ Petition No. 17266 of 1995 : Devinder Kumar and others v. State of Punjab and others and other,1993 2 SCT 355connected writ petitions. He submits that in those writ petitions the respondents were directed to consider the cases of the petitioners for absorption etc. on suitable posts carrying pay scale of Rs. 2000-3500 or Rs. 1800-3200 afresh commensurate to their qualification which they possessed at the time of retrenchment from the industries department.