SEWAK SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This intra-court appeal under Clause X of the Letters Patent is directed against the judgment and order dated 02.12.2016 passed by the learned Single Judge dismissing the petition filed by the appellant-petitioner laying a challenge to the order dated 23.01.2013 whereunder the benefit of proficiency step up increment granted w.e.f. 08.11.1987 has been withdrawn and his pay has been re-fixed.

(2.) Facts in brief leading to the controversy at hands can be summarized as under:-

(3.) State of Punjab issued a circular letter dated 01.12.1988 for implementation of the 3rd Pay Commission with regard to proficiency step up increments and as per the said instructions subject to suitability besides the regular annual increment, one additional increment on completion of 8 & 18 years of service on or after the appointed date as defined in the Punjab Civil Services Revised Pay Rules, 1988 in the form of proficiency step up was allowed to be granted to all the Punjab Government employees. In view of the instructions in the circular dated 01.12.1988 the appellant-petitioner was granted 8 years proficiency step up increment w.e.f. 01.11.1987 and his pay was fixed at Rs. 1470/- and his next annual increment was fixed on 01.01.1988 and accordingly with effect from the said date his pay was fixed at Rs.1500/-. Subsequently, a clarificatory circular letter dated 01.09.1989 was issued clarifying that such employees, who have been benefited by the grant of senior/selection scale, their service prior to that period was not liable to be counted. The aforesaid instructions were challenged before this Court and this Court held that the instructions will operate prospectively and not retrospectively.