C.W.P.No.1527 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.1527 of 2010 Date of Decision:- 03.05.2011 Harbans Lal Chugh ....Petitioner(s) vs. Punjab Agricultural University, Ludhiana through its Registrar and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.Baljit Puri, Advocate, for the petitioner. Mr.Deepak Agnihotri, Advocate, for respondents No.1 and 2. Ms.Sudeepti Sharma, DAG, Punjab. *** AUGUSTINE GEORGE MASIH, J. (Oral) Prayer in the present writ petition is for grant of proficiency step up on completion of 8 and 18 years of service with effect from 1.1.1986 in the selection grade of ` 2000-3500/- as has been granted to the petitioner after the declaration of the post of Agricultural Sub-Inspector as a technical one vide order dated 26.3.1996 and grant of the selection grade vide order dated 19.3.2001 with effect from 1.1.1986. Counsel for the petitioner contends that initially the petitioner was appointed as an Agricultural Sub-Inspector on 10.6.1966. He continued as such and all through his service career, he was not promoted except in the year 1992. The selection grade was claimed by the petitioner C.W.P.No.1527 of 2010 -2- through a civil suit in the year 1990 which was decreed in his favour on 12.12.1990 granting him the selection grade of ` 1640-2925/- with effect from 24.1.1986. The said decree was implemented. Vide order dated 26.3.1996, the post of Agricultural Sub-Inspector was declared as a technical post. Thereafter, giving effect thereto, order dated 19.3.2001 was passed by the respondent-University, whereby selection grade of ` 2000- 3500/- was granted to the petitioner with effect from 1.1.1986. On grant of this selection grade with effect from 1.1.1986, the petitioner was granted proficiency step up on completion of 8 and 18 years of service in the earlier selection grade scale of ` 1640-2925/-. He was not granted the proficiency step up increment in the new grade of ` 2000-3500/-. He served a legal notice dated 3.8.2009 (Annexure P-8). Respondent No.3 rejected the claim on the ground that as he had already been granted the proficiency step up increment on completion of 8 and 18 years in the pay- scale of ` 1640-2925/-, he would not be entitled to the same benefit under the now granted grade of ` 2000-3500/- with effect from 1.1.1986. He submits that when the petitioner was entitled to the higher pay-scale, the entitlement of two proficiency step-up increments, which were earlier given in the earlier pay-scale, were to be given in this pay-scale now, and the same cannot be denied to the petitioner. He, on this basis, prays for the quashing of the reply dated 30.10.2009 (Annexure P-9) given to the legal notice dated 3.8.2009 (Annexure P-8) vide which his claim has been rejected. On the other hand, counsel for respondent No.3 has submitted that the petitioner had already been granted the proficiency step up increments for 8 and 18 years of service with effect from 1.1.1986 in the C.W.P.No.1527 of 2010 -3- pay-scale of ` 1640-2925/- before the grant of selection grade of ` 2000- 3500/- and as such he was not entitled to the proficiency step up in the selection grade of ` 2000-3500/-. It has further been submitted that the petitioner was promoted as Technical Assistant from the post of Agricultural Sub Inspector vide order dated 23.5.1992 on which post he had joined on 10.6.1992 but got a reversion of his own vide order dated 3.2.1993 and, therefore, he was not entitled to the proficiency step up under the selection grade of ` 2000-3500/-. I have heard counsel for the parties and have gone through the records of the case. It is not in dispute that the petitioner had opted for the grant of selection grade and revision of pay with effect from 1.6.1986 and thereafter fresh option was called for in which he had opted for the revised scale with effect from 1.1.1986. It is also not in dispute that in compliance with the decree passed in the civil suit preferred by the petitioner, he was granted selection grade of ` 1640-2925/-. Thereafter, the post of Agricultural Sub-Inspector was declared as a technical post on 26.3.1996 and the selection grade of ` 2000-3500/- with effect from 1.1.1986 (Annexure R-4) was released to the petitioner vide order dated 19.3.2001. It is also not in dispute that in the scales of ` 1640-2925/- the petitioner was granted proficiency step up increments on completion of 8 and 18 years of service with effect from 1.1.1986. Merely because the petitioner had earlier been granted proficiency step up grades in ` 1640- 2925/- would not debar his claim with regard to the proficiency step ups in the scale of ` 2000-3500/- which has now been granted with effect from C.W.P.No.1527 of 2010 -4- 1.1.2006. If he was entitled to and was granted those proficiency step up increments with effect from 1.1.1986 in the pay-scale of ` 1640-2925/-, he would be entitled to the same benefit now in the scale of ` 2000-3500/- which has been granted to him with effect from 1.1.1986 vide order dated 19.3.2001. The stand of the respondents, therefore, that he had earlier been granted the increments in the scale of ` 1640-2925/- and, therefore, would not be entitled to the same now, cannot be accepted. The other ground which has been taken for not granting the selection grade to the petitioner is that the petitioner was promoted as Technical Assistant vide order dated 23.5.1992 and had joined the said post on 10.6.1992 and thereafter sought reversion which was granted to him vide order dated 3.2.1993 and, thus, was not entitled to the proficiency step up increments, also would not be of any effect as the right had already accrued to the petitioner on 1.1.1986 and the subsequent promotion of the petitioner and thereafter his reversion at his own behest would not make any difference as far as his claim for grant of proficiency step up is concerned. In view of the above, the reason for not granting the proficiency step up to the petitioner with effect from 1.1.1986 in the selection grade of ` 2000-3500/- is not sustainable and the reason assigned in reply to the legal notice 30.10.2009 (Annexure P-9) cannot be sustained and is hereby set aside. The petitioner is held entitled to proficiency step up increments on completion of 8 and 18 years of service with effect from 1.1.1986 in the selection grade of ` 2000-3500/-. The petitioner would be entitled to the consequential benefits which shall be calculated by the respondents and disbursed to him within a period of three months from the date of receipt of certified copy of this order. It goes without saying that the benefit C.W.P.No.1527 of 2010 -5- which has been granted to him in the scale of ` 1640-2925/- would be adjusted. Petition stands disposed of in the above terms. May 03, 2011 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE