CWP No. 7746 of 2008 Jugal Kishore Vs. State of Punjab & another Present: Mr. A.K. Bansal, Advocate for the petitioner. Mr. B.S. Chahal, DAG, Punjab. *** Despite last opportunity reply has not been filed. Right to file reply stands closed. I have heard learned counsel for the parties. The petitioner is claiming selection grade on the basis of the Govt. instructions issued by circular dated 16.5.1987 which inter alia provides for grant of selection grade on completion of 15 years of service as on 1.1.1978. The petitioner was appointed as Junior Engineer and joined on 1.9.1954. He was promoted as Sub Divisional Engineer on adhoc basis on 11.2.1972 and on passing of departmental examination and on the basis of the recommendations of the Punjab Public Service Commission, he was confirmed as such on 7.11.1979. He retired on 31.1.1992. The petitioner had completed more than 23 years of service as Sub Divisional Engineer. The petitioner was at serial number 223 in the category of Sub Divisional Engineer. The issue raised in the present petition is squarely covered by a judgement of this Court dated 17.11.2008 passed in CWP No. 5514 of 2001 titled as Er. B.B. Aggarwal Vs. State of Punjab and another. Petitioner in the said case was at Sr. No.222, whereas the present petitioner is at Sr. No. 223 of seniority list and has completed 23 years of service. There were 43 vacancies meant for grant of selection grade against 20% quota. In the CWP No. 7746 of 2008 -2- aforesaid case, following observations have been made:- “ In the writ petition, the petitioner has specifically mentioned that between serial no.73 to 222 as many as 111 persons were the direct recruits and they were not having 15 years of service as on 1.1.1978. As against available 43 posts meant for the Selection Grade, the petitioner falls within 43 posts and was eligible as on 1.1.1978. The respondents have illegally and wrongly denied the Selection Grade to the petitioner on flimsy grounds. The name of the petitioner has been shown at serial no.222 of the seniority list and only 43 posts were available for selection grade. From the perusal of the affidavit, it appears that upto serial no.222 where the petitioner stand in the seniority list only 33 candidates for placement in the Selection Grade were found eligible with effect from 1.1.1978. The respondents have not even any details of first 43 persons as to how many officers were eligible, but was also within first 43 eligible officers who were entitled to be placed in the Selection Grade. In view of the above, the present petition is allowed. The respondents are directed to consider the petitioner for placement in the Selection Grade with effect from 1.1.1978 and on such consideration, if there is no legal impediment, the petitioner shall be granted the benefit of Selection Grade with effect from the date aforesaid with all consequential benefits. The petitioner has retired from service, his retiral benefits shall also be determined by giving him the Selection Grade. Since the respondents have illegally and wrongly with-held the benefit of selection grade to the petitioner, he is also held entitled to interest at the rate of 4% CWP No. 7746 of 2008 -3- per annum on the amount found due. Let the process of consideration be completed within a period of three months and all benefits be released within a period of two months thereafter. No costs.” In view of the above, the petitioner, who also falls within 43 posts and is entitled to the same relief. This petition is accordingly allowed in the above manner. (PERMOD KOHLI) JUDGE 15.4.2009 lucky