1 C.W.P. No. 1463 of 2005. In the High Court of Punjab and Haryana, Chandigarh C.W.P. No. 1463 of 2005. Date of decision: .2.2008 Anil Wadhawan -- Petitioner. Versus Punjab State Electricity Board and others --respondents CORAM: HON’BLE MR.JUSTICE ASHUTOSH MOHUNTA. HON'BLE MR. JUSTICE K.C.PURI *** Present :- Mr. Rajinder Sharma, Advocate, for the petitioner. Mr. Y.P.Khullar, Advocate, for the respondents. *** K.C.PURI, J. Petitioner has impugned the order dated 10.11.2004 passed by respondent No.2 vide which promotional time bound scale after completion of nine years of regular service has been declined to the petitioner. According to the petitioner in the year 1988 the respondent Board advertised posts of Internal Auditor. The petitioner was ultimately appointed on 10.11.1988 as Internal Auditor by way of direct recruitment. The petitioner cleared Departmental Examination S.A.S. Part-I. The respondent Board has framed a policy under which 75% of the future vacancies of Revenue Accountants and 25% of future vacancies of Accounts are filled from amongst S.A.S.Part I qualified officials who opted for the cadre of Revenue Accountants are filled up from amongst the unqualified Internal Auditors on seniority-cum-merit basis. Further with effect from 22.5.1995 Internal Auditors, who have qualified S.A.S.Part-I Examination have been allowed either to opt for the cadre of Divisional 2 C.W.P. No. 1463 of 2005. Accountant or Revenue Accountant. The pay Scale of Revenue Accountant and Divisional Accountant is the same as Rs.6750-11050. First time bound scale after nine years of service in both the cadre is Rs.7000-11750 and second Time Bound Pay Scale after completion of sixteen years of service, the pay scale is of 8550-14100. The petitioner after qualifying the S.A.S.Part-I Examination was appointed as Revenue Accountant with effect from 19.9.1994, as the petitioner opted for the same. With effect from 1.1.1996, the petitioner has been put in pay scale of Rs. 6750-11050 on the post of Revenue Accountant. On 22.5.1995, a circular was issued by respondent No.1, giving liberty to the Internal Auditor who have already been promoted as Revenue Accountant after qualifying S.A.S. Part-I Examination to opt for the cadre of Divisional Accountant with a rider that as a Divisional Accountant they will rank Junior to all those who have already been promoted as Divisional Accountants. The petitioner opted for the cadre of Divisional Accountant and accordingly, he was absorbed as Divisional Accountant with effect from 22.7.1996. As per finance circular No. 18/91, employees of the respondent-Board are entitled for time bound pay scale after completion of nine and sixteen years of service. The petitioner completed nine years of his regular service on 19.9.2003 and as such, he was entitled for Time Bound Pay Scale after completion of nine years of service . The case of the petitioner was recommended by respondent No. 3. Respondent No.2 rejected the recommendation of respondent No.3 vide impugned letter dated 10.11.2004 on the ground that petitioner has not completed nine years of service for the cadre of Divisional Accountant. The said order is liable to be set aside and petitioner be held entitled to time bound promotion on completion of nine years of service of 19.9.2003. Notice of the petition was given to the respondents who filed reply denying the contents of the petition. It is pleaded that the petitioner 3 C.W.P. No. 1463 of 2005. himself gave his consent to the effect that he may be given nine years time bound pay scale from 22.7.2005 i.e. the day when he opted from new cadre of appointment by considering the post of Divisional Accountant as induction post. The petitioner opted for change of cadre from Revenue Accountant to the cadre of Divisional Accountant and he has been placed at the bottom to all those who had already promoted as Divisional Accountant, meaning thereby he will loose all benefits for the period he remained as Revenue Accountant before his change of cadre. We have heard both the sides and have gone through the record of the case. So far as the facts of the case are concerned, that are not in much dispute. The petitioner joined the Board on 10.11.1988 as Internal Auditor by way of direct recruitment. He cleared S.A.S.Part-I Examination and consequently, he was promoted as Revenue Accountant with effect from 19.9.1994 and the petitioner opted for the post of Divisional Accountant and joined as such with effect from 22.7.1996. It is also not disputed that after completion of nine years of service the employee of the Board is entitled to First Time Bound Pay Scale. It is also not disputed that pay scale of Revenue Accountant and Divisional Accountant is the same. The only dispute between the parties is whether the period of service of the petitioner from 19.9.1994 to 22.7.1996 as Revenue Accountant is to be counted for the purpose of granting him First Time Bound Pay Scale or not. In other words, whether the said period of nine years for grant of First Time Bound Pay Scale has to be counted from 19.9.1994, when the petitioner joined as Revenue Accountant or from 22.7.1996 when the petitioner was inducted as Divisional Accountant. It is not disputed that petitioner has been allowed First Time Bound Pay Scale from 22.7.2005 and not from 19.9.2003. The case of the respondents is that since the petitioner has 4 C.W.P. No. 1463 of 2005. changed the cadre and as such the period of his service from 19.9.1994 to 22.7.1996 cannot be counted for grant of First Time Bound Pay Scale after completion of nine years. No doubt, the petitioner has been placed at the bottom in the cadre of Divisional Accountant but we are of the considered view that petitioner is entitled to count his service as Revenue Accountant towards the grant of First Time Bound Pay Scale after completion of nine years. The Punjab and Haryana High Court in Civil Writ Petition No. 6923 of 1988 decided on 21.7.1998 as held as under:- “ It can be said that the previous service rendered in another department on being transferred on the persons own violation may be waste out for the purpose of seniority but it cannot be said so far the purpose of experience.” Hon’ble Supreme Court of India in its judgment dated 15.12.1989 in C.A.No. 3039 of 1998, Dwijan Chandra Sarkar and another Vs. Union of India ( 1999 S.L.R. Section 39) held as under:- “ The previous service of an employee appointed by transfer to another department should count for the purpose of time bound promotions but such promotions shall be as a measure personal to them. Such incumbents shall not take benefit of this time bound promotion towards seniority or for the issues related thereto, which in turn implies that such benefit shall not effect the normal seniority for those higher up”. Keeping in view the above said authorities, Punjab Government vide Circular No. 21/2002 decided as under:- 5 C.W.P. No. 1463 of 2005. “ An employee who has previously held substantively or officiated in the same post , or a permanent or temporary post on the same time scale or a post having identical three/four times pay scales or in which time bound placement/grant of higher pay are provided as in the new post , in a Government department or a body incorporated or which is wholly or substantially owned by the Government, shall, in addition to the protect of pay actually drawn in the corresponding scale as per provisions of Rule 4.4(b) of Punjab Civil Services Rules, Vol-1, Part-I count, his previous service for the purpose of time bound promotion /grant of higher scale in the new post/service. This protection will be as a measure personal to him. He shall not be entitled to benefit to this time bound promotion towards seniority and shall be placed lower to those already higher up in the seniority list. “ The pay scale of Revenue Accountant and Divisional Accountant is the same. The petitioner has been working in the same department i.e. PSEB. No doubt, the petitioner cannot claim any seniority over and above, the Divisional Accountant already working, but it would be unfair in case his service as Revenue Accountant is not counted for the purpose of First Time Bound Pay Scale. So, we accept the writ petition and order that the petitioner shall be entitled to First Time Bound Pay Scale from 19.4.2003 after completion of nine years of his service as Revenue Accountant and Divisional Accountant as detailed above and, 6 C.W.P. No. 1463 of 2005. thus, Annexure P-10 stands quashed. The said benefit shall be personal to the petitioner and shall not effect the already Senior Divisional Accountant. ( K.C.PURI) JUDGE (ASHUTOSH MOHUNTA) JUDGE February , 2008 Anoop