CWP No.16402 of 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.16402 of 1991 DATE OF DECISION: July 13, 2010 GURBACHAN KAUR ...PETITIONER VERSUS THE STATE OF PUNJAB & OTHERS ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA. PRESENT: MR. V.RAMSWAROOP, ADVOCATE FOR THE PETITIONER. MR. RAJESH BHARDWAJ, ADDL.A.G., PUNJAB. ASHUTOSH MOHUNTA, J.(ORAL) The petitioner has prayed that directions be issued to the respondents to provide promotional opportunities to her as she has been working as Translator-cum-Proof Reader in the Rural Development and Panchayats Department, since 13.4.1983, after merging her cadre with that of Assistants with effect from the aforesaid date. The petitioner has also prayed that the respondents be directed to grant her the pay scale of the post of Assistant. The petitioner was recruited to the post of Translator-cum- Proof Reader on 13.4.1983 in the Rural Development and Panchayats Department. The conditions of the service of the petitioner and other employees in the Department are governed by the Punjab Department of Rural Development and Panchayats (Class III Service) Rules, 1988. As per Rule 8 read with Appendix 'B' of the Rules, the minimum qualification prescribed for direct recruitment to the post of Translator-cum-Proof Reader CWP No.16402 of 1991 -2- is Graduation, whereas the qualification prescribed for direct recruitment to the post of Assistant is also Graduation. The petitioner has averred that the nature of work of Clerks and Assistants is of a routine, general and simple nature and involves no technicality. The petitioner has averred that although there is avenue of promotion to Senior Clerk and then to Assistant from where the avenue of promotion is further to Superintendent Grade-II, whereas the petitioner has absolutely no avenue of promotion. It is further averred that the post of the petitioner is a solitary post of Translator-cum-Proof Reader in the Department and therefore, the post of Translator-cum-Proof Reader be merged with that of Assistants. The petitioner has further prayed that since the minimum educational qualification of her post is equal to the post of Assistants, therefore, directions be issued to the respondents to merge her post with that of Assistants and grant her seniority from 1983 onwards and also to provide her with promotional opportunities. Mr. V.Ramswaroop, counsel for the petitioner submits that the claim of the petitioner for the scale of 1500-2640 was recommended to the Anomaly Committee by the Rural Development and Panchayats Department, however, before any decision could be taken by the Anomaly Committee, the Department decided to drop the matter and hence the recommendations of the Department could not be considered. Learned counsel submits that had the recommendations of the Department been put up before the Anomaly Committee, then there was every likelihood that the same would have been accepted. Reply has been filed on behalf of respondents No.1 and 2. It has been averred that the post of Translator-cum-Proof Reader is governed CWP No.16402 of 1991 -3- by Rule 8 read with Appendix B, Cadre VI (Administrative Intelligence Unit Headquarters Staff) of the Punjab Department of Rural Department and Panchayats (Class III) Services Rules 1988. It has further been averred that no post of Clerk and Assistant exists in the cadre of Translator-cum-Proof Readers and as there is no post of Assistants in the cadre of Translator-cum- Proof Reader, hence she cannot be considered for the said post. It has further been averred that as per the Policy of the State Government, the petitioner is entitled to Proficiency Step-up, which has been provided by the State Government as opportunity to advance in the service career. In para 10 of the reply filed by the respondents, it has been admitted that the case of the petitioner for the scale of 1500-2640 was recommended to the Anomaly Committee by the Department, however, the Committee could not consider the same, because the Department decided to withdraw the recommendation. A perusal of the reply filed by the respondents clearly shows that the cadre of Translator-cum-Proof Reader is entirely different from that of Clerks and Assistants. The two cadres cannot be merged and hence the petitioner cannot be considered for the post of Assistant. In the cadre of Translator-cum-Proof Reader, there is no post of Clerks and Assistants. The petitioner is entitled to Proficiency Step-up in the existing pay scale which she has already been getting. In view of the above, the cadre of Translator-cum-Proof Reader cannot be merged with that of Assistants in the Rural Development and Panchayats Department. Resultantly, I find no merit in the writ petition and the same is dismissed. However, in the present case as there is no promotion avenue CWP No.16402 of 1991 -4- for the post of Translator-cum-Proof Reader, therefore, it would be appropriate if the case of the petitioner is put up before the Anomaly Committee of the Finance Department, who shall consider whether to merge the cadre of the petitioner with that of Assistants and shall also consider whether to grant scale of 1500-2640 as it existed then and in case the aforesaid scale is to be granted to the petitioner, then the petitioner is also to be entitled to all further revisions of the pay scales. The case of the petitioner be put up before the Anomaly Committee of the Finance Department within a period of three months from today. A decision be taken by the Anomaly Committee within a further period of 3 months thereafter. July 13, 2010 (ASHUTOSH MOHUNTA) Gulati JUDGE