403 CWP N08924 of2010etce 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHe DATE OF DECISION2 31 5e2011 leCWP Noe8924of2010 Jaswant Singhand others eeePetitioners 1 0 VERSUS 0 State ofPunjaband others Co I C5 2eCWP Noe12244of2010 Roshan Lal Jain and others eeePetitioners Z VERSUS State ofPunjaband others r e e Z 3eCWP Noe2910of2010 Cl JaspalSinghand others eeePetitioners Z 010 VERSUS State ofPunjaband others 17 Z ll 4 1 CORAM 1 1 HONBLE MRJUSTICE PERMOD KOHLI PRESENT2 MrHarinder Sharma Advocate for the eedV MrBS Chahal DAG Punjab Permod Kohli Je Involving common of law and facts thesepetitions are being ofbythis common order J 1 1 1 ij Singh Gagan Preet 2014.04.26 14: 51 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 404 lP 1 cwP N00892400010 etce 2 The in thesepetitions were working as LecturerslMasters in variousgovent schoolsin the StateofPunjabA numberofpostsof Principal in the GovemmentSr Schoolswere lyingvacant The were granted thepowersof Drawing and ofthe Posts of Principalalongwith their OWll dutieswith Olrther that the officialswill not claim any remunerationor allowanceon account of his m pering the duties on the higherpost One of such order whereby noTaswant Singhln CWP No8924 of 2010 was grantedthe 0 0 powers ofDrawing and Officer is here underl I C5 Office ofDisuict EducationOfficer SE9Muktsar I OrderNoEell3lIOlIDDPowers11750 Z Dated Faridkotl24122001 2 In pursuantto thepowers conferredvide orderN0318e r 92S49 dated1961992 issuedbythe Director Public I C Instruction Sl Punjab uponhavingthe Z postof Principalat Government Senior Secondary ao School Chak SherewalaDistrict Muktsar havingfallen 7 Z vacant Shri Jaswant Singhthe seniormost Lecturer in w this school 1S herebygiventhe powers of Drawingand of the Post of Principal his own In dutiestill fher orders 1 These powers are beinggivenvviththeconditionthat he Iaeea1 shall not claim any remuneration or allowance on account ofhis perfog the duties on thehigherpost sdlDistt EducationOfficer6Sl 1 Muktsaf On the basis of similar orders all thepetitioners were granted Powers Singh Gagan Preet 2014.04.26 14: 51 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 405 4 1 CWP N008924of2010etc 3 of Drawingand Officersin their schools It is stated that the Oll beingconferred with powers of Drawingand Officer took over the charge of Principals in their schools The have also mentioned the periodfor which each one of them held the chargeof PrincipalSome of themwhile holdingthe chargeofPrincipal were on basisas Principals whereassome ofthem retiredwhileholding thechargeofPrincipal whereas r some others had to their chargeof Principalon 0 0 appointljoining of regularincumbentsas the PrincipallIl those C5 schools From Annexure Pel enclosed with each writ petitionitappears thattheofficiating chargeofPrincipal remainedwith some ofthe Z for the periodsrangingbetween two years to more than 10 years The t petitioners accordingly for grant of pay scale of the post of 0 Principal for the periodtheyheld theofficiating charge of the postsThe I 0 petitioners are claiming the benefit of the higherpay scalefor Z the dutiesof higher byrefening to PunjabCivil Services QO Rules VoI Part4 Referenceis madeto Rule 4Ac9 413 46 and 422 7 Z in their replyhas the claim of the ll on the groundthat the have onlyofficiatedagainst the postsof Principalwhile workingas Lecturers in SchoolCadre in GroupB postsIt 1S statedthat it was purelya temporaryarrangementtheywere never or promoted as Principals bythe competent but only 4ee assigned the dutiesof Drawing and Officer in additionto their OWll duties as Lecturers It 1S also mentionedthat the were drawing their salaryagainstthe post of Lecturers and were also getting incrementsattachedto thepostofLecturerslMasters have also 4 Singh Gagan Preet 2014.04.26 14: 51 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 406 1 CWP Noe8924of2010etce 4 referredto theconditionsimposed at the timeof granting themofficiating charge where underthe petitioners vvere not entitledto claim promotion or salaryfor the higJler posts I haveheardleamedcounsel for theparties While a similar in the case of Balbir Singh Dalal and othersVS Stateof Harvanaand others2002 RSJ 530 a DivisionBenchofthis Courtheldas underl j C The essentialsfor raisingsuch a claim are satisSedin the 0 0 facts and circumstancesof the presentcase The petitioners I were provided in accordancewith rulesand were C5 I required to functionsand dutiesof the postswhich carried higher They Z were not a holdinga duel chargeAgainstthe poststo which theywere 0 appointed on cunent dutychargesthe services of the petitionerswere regularizedThus we see no reason t Z vvhatsoeverto rejecttherequestof the for grantof m appropriatepay scalespayable to the postof Sub Divisional 3 Officer for the limitedperiodaforenoticed Z In regardto the argumenton behalfof the Statethatthe arrangement Il was simplystopgap and and hence petitioners are not entitled to the pay scale of the higJlerpostS Leamed counsel has refenedto the condition in the order granting higher that the e4 incumbent will not claim any remunerationor allowanceon account of his dutyon thehigllerpost It is arguedthatthepetitioners now cannot claim higherpay scale whentheywere never promoted on thehigherpostin accordancewithrules 1 11 Singh Gagan Preet 2014.04.26 14: 51 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 407 1 CWP No08924of2010etce 5 From the detailsAlmishedbythepetitioners it is foundthatmost of thepetitioners were allowedto function as Principalfor numberof years Some of them even retiredwhile the higher whereassome of them were promoted on the same post of PrincipalIt was only a few of them who had to the of the Principalwhen a regularpersonwas postedas PrincipalThe periodfor which the petitioners had performed the higher 1 C cannot be said to be only a stop gap or 0 0 arrangement The condition ln the order the I petitioners fromclaiming the salaryofthe higllerpostsor t5 I came up for scrutinybefore Honble Court in the case of Engineer Chandigarh VSe Hari Om Sharma Z 199831 SCT 900On considerationit hasbeenheld as under lr 8 Leamed counsel for the to contend I that when the was promoted 111 stopegap Z arrangement as Junior he had grven an OO undertakgto the that on the basis of stoIgap e arrangementhe would not claim promotion of right as nor Z would he claim any beneflt peing to that post The Clm argumentto saytheleast is preposterousApartfrom the fact be permitted to raise such an argumentthe 4 which is said to constitutean agreementbetweenthe parties cannot be enforcedat law The beingan employee of the had to break his period of 1 although as we havefound earlier he was the onlyperson 1 Ij 1 Singh Gagan Preet 2014.04.26 14: 51 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document CWP Noe8924of2010etce 6 amongst the noniiploma holdersavailableforpromotion to the post of Junior and was therefore likely to be consideredfor promotion lll his own rightAn agreement that if a person is promoted to the higherpost or put to offlciate on that post or as in lnstant case a stopegap arrangement is madeto placehim on thehigherpost he would not claim highersalary or otherattendantbenefltswould be m contraryto law and also againstpublicpolicy lt woulc4 0 therefore be unenforceable in vlew of Section 23 of the C0 Contract Act I 9 have also the rulesreferred to herneabove 1 Theserulesalsoprovide for paymentfor higher Z In view of the above mentioned the petitioners are entitledto higherpay scale for theperiodthey the dutiesof the PrincipalLet theclaimsofthe petitioners be detenninedand paidwithin a t Z periodof four monthsfrom the dateof receiptof certifiedcopy of this order 0 Copy onrecordof eachconcernedflle 7 Z 1 tl PERMOD KOHLI9 JUDGE Pronouncedon 31 3e2011 MFK rCc 0409 sNt 1 1 r 1 CVh 9 1 1 1 Il 1 1 4U Singh Gagan Preet 2014.04.26 14: 51 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document