CWP No. 9742-CAT of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P.No. 9742 CAT of 2007 Date of decision 26 .5.2008 U.T.Chandigarh and others ...Petitioners Versus Jarnail Singh and others ... Respondents. CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr. Raman K.Sharma Advocate for the petitioners. Mr. Rohit Seth, Advocate for respondent no.1. M.M.KUMAR, J. The instant petition filed by the U.T. Chandigarh under Article 226 of the Constitution is directed against the order dated 18.10.2006 ( Annexure P.10) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity 'the Tribunal'). A prayer has also been made for staying the operation of the afore-mentioned order. The petition was admitted on 5.7.2007 and was ordered to be heard alongwith CWP No. 6707 CAT of 2005. Respondent no.1 – applicant had filed Original Application No. CWP No. 9742-CAT of 2007 2 795/CH/2004. He was holding the post of Poultry Field Inspector in the pay scale of Rs. 1350-2200 in the Animal Husbandry Department. He was appointed vide order dated 5.5.1987 (Annexure P.3) on the post of officiating Poultry Inspector w.e.f. 1.10.1986 in the pay scale of Rs. 570- 1080. He was required to be considered for appointment by promotion as Poultry Inspector on completion of his requisite qualifications within a period of one year as per order dated 5.5.1987 ( Annexure P.3) and consequently on the recommendations of the Departmental Promotion Committee respondent no. 1 was appointed as Poultry Inspector in the scale of Rs.1350-2200 against vacant post. He was to remain on probation for a period of two years as is evident from the perusal of order dated 4.10.1988 (Annexure P.4). The claim made by respondent no.1 is that he should be granted the pay scale of Rs. 1640-2925 w.e.f. 1.10.1988 and in that regard he made a representation to the petitioner- U.T. Chandigarh. Respondent no.1 eventually granted the pay scale of Rs.1640-2925 w.e.f. 3.10.1991 vide order dated 11.11.1993 ( Annexure P.5) because the petitioner- U.T.Chandigarh Administration made an amendment in the notification dated 3.1.1992. In the application filed by respondent no.1 reliance has been placed on a judgement of this Court rendered in connected petition being CWP No. 6760 of 2005 Krishan Lal and others v. Central Administrative Tribunal, Chandigarh Bench and another , decided on 23.4.2008 ( Annexure R/1/10). In that judgement a Division Bench of this Court of which one of us ( M.M.Kumar,J.) is a member, it has been noticed that the question of grant of higher pay scale w.e.f. 1.1.1986 instead of 3.11.1989 is not res- integra. It has also noticed the Division Bench judgement of this Court CWP No. 9742-CAT of 2007 3 rendered in the case of Kanhaya Lal and others v. Central Administrative Tribunal and another ( CWP No. 6707 CAT of 2005 decided on 11.2.2008) wherein a direction has been issued for the grant of pay scale w.e.f. 1.1.1986 instead of 3.11.1989. In the present case also it is conceded position that respondent no.1 has been granted the pay scale of Rs.1640-2925 w.e.f. 3.10.1991. The fixation of that date has already been commented upon adversely by this Court in CWP No.3080 of 1992 decided on 20.2.2002 . wherein the scale of pay has been given w.e.f. 1.1.1986. The same view has been followed by another Division Bench of this Court in the case of Krishan Lal (supra). Respondent no.1 was admittedly working as Poultry Field Inspector and he was promoted on officiating basis on 5.5.1987 with a stipulation that his case was to be considered again as and when he was to acquire the requisite qualification. The period of acquiring such qualification was fixed as one year. Thereafter his case was considered and he was given promotion as Poultry Inspector as is evident from the order dated 1.10.1988. Accordingly he deserves to be given the pay scale of Rs.1640-2925 w.e.f. the date he has been given regular promotion i.e. w.e.f. 1.10.1988. Accordingly we hold that the writ petition is liable to be dismissed. In view of the above, writ petition fails and the same is dismissed. However, there shall be modification of the order dated 18.10.1986 ( Annexure P.10) passed by the Tribunal which has allowed the application of applicant- respondent no.1 for grant of pay scale of Rs.1640- 2925 w.e.f. 1.1.1986 because the applicant- respondent no.1 was not even holding the post of Poultry Inspector on 1.1.1986. When he was given officiating promotion on 5.5.1987 he did not have the requisite CWP No. 9742-CAT of 2007 4 qualification. However, he was given regular promotion on 1.10.1988. Accordingly, the date of grant of pay scale of Rs.1644-2925 is to be w.e.f. 1.10.1988 and not from 1.1.1986. (M.M.Kumar) Judge (Sabina) 26.5.2008 Judge okg