CWP No.5248 of 2000 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5248 of 2000 Date of decision : 26-07-2010 Piare Lal and others .... Petitioners VERSUS State of Punjab and others ....Respondents CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. R.S. Rangpuri, Advocate, for the petitioners. Ms. Ambika Luthra, AAG, Punjab. KANWALJIT SINGH AHLUWALIA, J. (Oral) The present writ petition has been filed by 12 Constables who retired from District Faridkot. They have prayed that their pension be fixed on the basis of actual last pay drawn by them. It is not disputed that all these petitioners during the course of their employment, were granted placements in higher scale under the Assured Career Progression Scheme after completion of 8 years and 16 years of service. However, later on this benefit was withdrawn on the ground that they had not cleared departmental test B-1 prescribed for promotion to the post of Head Constable. Counsel for the State to justify withdrawal of such benefit has relied upon Government Instructions dated 25.09.1998 (Annexure P-3). The relevant portion of the Assured Career Progression Scheme whereby the benefit of placement in higher CWP No.5248 of 2000 -2- scale was withdrawn reads as under:- "vii) An employee shall be entitled to a maximum of two placements in higher scale and a maximum of two proficiency step-up in his entire service career under this scheme. i) Placement in higher and proficiency steps-up under this policy shall be granted only to those employees whose overall service record is adjudged as Good. If a departmental test is prescribed or acquisition of higher qualification is a pre-requisite for promotion to the higher level then only those employees who clear such test or acquire such qualifications would be eligible for benefits, under this scheme;" Admittedly the petitioners, who were posted as Constables, had not passed the departmental examination. Mr. R.S. Rangpuri, Advocate appearing for the petitioners has drawn my attention to a letter dated 28.02.2000 Annexure P-8 wherein the matter was reviewed by the Government and it was held that where no opportunity of departmental examination was afforded and the test was not held, in those cases Constables will be entitled to benefit of placement in higher scale after completion of 8 years and 16 years of service. The relevant portion of letter dated 28.02.2000 reads as under:- "2. Some police units have referred the matter to this office for clarification that as per Constable, a promotion test is prescribed (Test B-I) for their promotion to the next higher rank of Head Constable. But the past so many years test B-I has not been held. As such, the constables who have acquired eligibility for grant of step-up under "Assured Career Progression Scheme" cannot get CWP No.5248 of 2000 -3- any benefit for the reason beyond their control while keeping in view the natural justice they are entitled to get timely placement in the next pay scale as well as proficiency step- up under the "Assured Career Progression Scheme". The matter was referred to the Controller, Finance and Accounts for his advice and he has opined that the matter may be referred to the Govt. for clarification / guidance as relaxation of Rules is involved." Counsel for the State has not been able to controvert the statement made by counsel for the petitioners that in case of the petitioners no test was held, therefore, benefit of placement in higher cadre cannot be withdrawn. In view of this, respondents are directed to examine the case of each petitioner in the light of Government Instructions, Annexure P-8, and in case, no test was held, the benefit of placement in higher scale granted to the petitioners shall not be withdrawn and their pension shall be re-fixed on the basis of last pay drawn. However, in case, respondents come to a conclusion that indeed a test was held and petitioners had not appeared in the same, an opportunity of hearing shall also be granted to the petitioners for dislodging this assertion. Needless to say that respondents will pass a speaking order. In view of the observations made above, the petition is disposed of. (KANWALJIT SINGH AHLUWALIA) 26-07-2010 JUDGE manju