C.W.P.No.15155 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P.No.15155 of 2006 Date of Decision: 03.04.2008. Shingara Singh .......Petitioner versus Municipal Council Tanda Urmar and others .......Respondents CORAM: HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA AND HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr.R.S.Ahluwalia, Advocate, for the petitioner. Mr.Pradip Bhandari, Advocate and Mr.Jatinder Kumar, Advocate. *** KANWALJIT SINGH AHLUWALIA, J. The present writ petition has been filed by Shingara Singh against Municipal Council Tanda Urmar through its Executive Officer and others praying that action of the respondents whereby basic pay of the petitioner was reduced from Rs.7,880/- to Rs.7,660/- with effect from 01.07.2005 be quashed and order whereby recovery from the pay of the petitioner has been ordered be set aside. Briefly stated that the petitioner had joined as Octoroi Clerk with effect from 01.06.1973 at Municipal Council Garhshanker. The petitioner was further promoted as a Junior Assistant on 01.01.1987 in the pay scale of Rs.1500-2700 in Municipal Council Garhshanker. He was C.W.P.No.15155 of 2006 2 granted proficiency step-up with effect from 01.01.1995 on completion of 8 years of service as Junior Assistant. The petitioner was transferred to Municipal Council Tanda Urmar vide order dated 25.09.1998 (Annexure P-1). A perusal of Annexure P-1 reveals that in the conditions of transfer, Conditions No.1 and 2 were imposed and they read as under:- “1. The seniority of the employee would be counted from the date of joining at the transferred place. 2. The employee would be entitled for the previous service benefits from the date of joining at Municipal Council Tanda, as admissible, as per rules”. The Government of Punjab came out with an Assured Career Progression Scheme (hereinafter called 'ACP') with effect from 01.01.1996. In terms of the A.C.P. scheme, after a service of 8 years in the post in the same cadre, an employee who was not promoted due to stagnation or in a higher scale in the cadre was held entitled to proficiency step-up after completion of service of 8 years and 16 years. It has been stated that the petitioner on 01.01.2003 became entitled to proficiency step-up after completion of 16 years of service and the same was granted to him by the Municipal Council, Tanda Urmar vide Resolution No.166 dated 13.12.2002. Audit Department of the respondent raised an objection that the service rendered by the petitioner in Municipal Council Garhshanker cannot be counted and he is not entitled to proficiency step-up because of condition No.1 that the seniority of the employee would be counted from the date of joining at the transferred place. In the written statement filed by Regional Deputy Director (Local Audit) Jalandhar-respondent No.3, it has been stated that the petitioner is not entitled to the benefit of previous service from the date of joining at Municipal Council, Tanda Urmar. We cannot appreciate and accept this contention of the C.W.P.No.15155 of 2006 3 respondents. Transfer order (Annexure P-1) specifically stated that the petitioner will not be entitled to seniority but all benefits of previous service shall accrue to him. Proficiency step-up is one such benefit which is granted to the petitioner for rendering service. From perusal of conditions No.1 and 2 of the transfer order which have been incorporated above, it is apparent that the petitioner will not be entitled to seniority but to other benefits which include the benefit of proficiency step-up. Therefore, the act of the respondents in reducing the basic pay of the petitioner from Rs.7,880/- to Rs.7,660/- with effect from 01.07.2005 is liable to be set aside and hence, the present writ petition is allowed as enumerated above. No reduction be made in the basic pay of the petitioner and no recovery be effected from him. In case, any recovery has been effected, the amount of recovery so deducted from the salary be refunded back to the petitioner. (KANWALJIT SINGH AHLUWALIA) JUDGE April 03, 2008 ( ASHUTOSH MOHUNTA ) seema JUDGE