CWP No.5852 of 1989 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5852 of 1989 Date of decision : 29-06-2010 Sher Singh .... Petitioner VERSUS The Managing Director, The Punjab Dairy Development Corporation Limited, Chandigarh and another ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: None. KANWALJIT SINGH AHLUWALIA, J. (Oral) Petitioner - Sher Singh was appointed as a Chowkidar, vide order, Annexure P-1, on 7.08.1974 in the Respondent - Corporation. During the course of service, he was charge-sheeted as he used to remain absent from his duties, vide impugned order dated 6.4.1989 (Annexure P-2). The authorities posted the petitioner, (Chowkidar/Securityman) in the Production Section as Dairy Helper- cum-Cleaner. A plea has been raised in the present petition that respondent No.2 should not have changed the nature of the duty of the petitioner but could have only punished him in accordance with the penalties provided in the Bye-Laws of the Corporation. Further in an application for fixing the petition for final hearing filed in the present writ petition viz. CM No.6958 of 1994 it was stated that the pay scale of Security Guards was revised from Rs.400-600 to 950- CWP No.5852 of 1989 -2- 1800 whereas the pay scale of Dairy Helper-cum-Cleaner was revised to Rs.830-1400. Thus, petitioner was put to disadvantage as he is entitled to higher pay scale, assigned to the post for which his appointment was made. From a perusal of the record, I find that there is a merit in the contention raised in the writ petition. For any lapse on the part of the petitioner, he could only be punished but the nature of duties could not be changed. From Chowkidar/Securityman he could not be made Helper-cum-Cleaner as both the posts not only carried different pay scale but also constituted separate cadre. Hence the impugned order (Annexure P-2) is quahsed. The writ petition stands allowed. (KANWALJIT SINGH AHLUWALIA) 29-06-2010 JUDGE manju