SURINDER SINGH JAMWAL Vs. STATE

JUDGEMENT

(1.) TAKING benefit of providing employment under a Half Million Jobs Scheme, unemployed Graduates and Post Graduates were adjusted as Stipendiary Volunteers at a monthly stipend of Rs. 220/ -. Government Order No. 450 -GD of 1975 dated 24 -2 -1975 provided for immediate adjustment of stipendiary volunteers against seven vacancies in the grade of Rs. 280 -500. The aforementioned order further envisages that 33% of future direct vacancies (non - technical) in the pay scale of Rs. 280 -520 in different departments will be earmarked for stipendaries of volunteers service corps. Taking benefit of the aforementioned order, petitioner, who was appointed as stipendary volunteer came to be adjusted as Junior Assistant in the pay scale of Rs. 200 -320 in the year 1975. Seeking benefit of Government Order No. 450 -GD of 1975 dated 24 -2 -1975, petitioner was required to be adjusted in the pay scale of Rs. 280 -520.

(2.) THE State Government vide SRO No. 422 dated 14 -7 -1976 established State Roads Transport Corporation (SRTC) resulting conversion of Government Transport Undertaking (GTU) in SRTC. An option was sought from the employees of erstwhile GTU for their absorption in the SRTC or to retain their status as government employee for purposes of pensionary benefits available to them under the government rules. The petitioner being employee of the GTU opted for pensionary benefits as were available to him under government rules. After his adjustment in the GTU, petitioner sought implementation of Government Order No. 450 GD of 1975 dated 24 -2 -1975 for being placed in the pay scale of Rs. 280 -520. His request for the same remained unattended. Having failed to obtain any response from the respondents in this regard, petitioner was impelled to file Writ Petition bearing SWP No. 2222/2001 in this court, which came to be disposed of on 24 -7 -2002 with a direction to the respondents to accord consideration for extending benefit to the petitioner of Government Order No. 450 - GD of 1975. It was in pursuant to the direction of this court that the respondents issued Government order No. 43 TR of 2004 dated 27 -9 -2004 according sanction to the Supernumerary Post of Booking Manager in the pre - revised pay scale of Rs. 280 -520 from 24 -2 -1975 to 19 -10 -1978 in the Corporation. The petitioner after the issuance of the aforementioned order of according retrospective benefit of higher pay scale, sought for consequential benefits of the higher pay scale and status in this regard. He claims that the benefit which would accrue to him on account of his retrospective promotion, would entitle him to become General Manager w.e.f. 2 -11 -1999 when his junior namely Ghulam Rasool Wani came to be appointed as such. There is other aspect of the matter also which relates to the appointment of petitioner as Depot Manager w.e.f. August, 1988 in response to advertisement notice dated 6 -5 -1988. Petitioner sought his appointment as direct recruit.

(3.) THE respondents instead of granting due benefit of promotion to the petitioner which accrued to him from time to time, vide order dated