CWP No. 15206 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 15206 of 2010 Date of decision: 10.08.2011 S.C. Avasthi and others ...Petitioners versus State of Punjab and another ....Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. H.S. Sethi, Advocate for the petitioners Mr. Praveen Chander Goyal, Addl.A.G, Punjab *** RITU BAHRI, J. (Oral) The petitioners are seeking writ in the nature of mandamus directing the respondents to grant increments to them on their promotion as Deputy Director of Factories in the pay scale of Rs. 2400-4000 w.e.f the date they were promoted and all consequential benefits including arrears of salary, refixation of pay and , arrears of pension on re-fixation of the pension. Vide order dated 11.07.1991, all the petitioners were promoted as Deputy Director of Factories in the pay scale of Rs.2400-4000 as per their seniority. They were kept on probation for a period of one year. Vide this order, three Assistant Directors were not promoted and there posts were kept vacant. For all intents and purposes, this was a regular promotion granted to the petitioners. However, the petitioners were not granted the CWP No. 15206 of 2010 -2- benefit of increment as available to them at the time of promotion. Learned counsel for the petitioners has argued that once the petitioners were promoted, they were entitled for the increments while fixing their pay in a higher pay scale. He has further argued that the basic pay in the feeder cadre as well as in the higher post cannot remain the same. All the petitioners have retired from service on 30.06.2002, 31.12.2001, 30.06.2003, 31.12.2003, 31.01.2007 and 30.06.2005 respectively by serving on the post of Deputy Directors since 1991 on the same scale, which was granted to them in the year 1991. The petitioner sent legal notice to the respondents in July, 2007 but no action has been taken by the respondents (Annexure P-3). Thereafter, the petitioners filed CWP No. 3656 of 2008 which was disposed of on 12.3.2008 by giving a direction to take a final decision by passing a speaking order on the legal notice within a period of two months from the date of receiving of this order. In compliance of this order, the Labour Commissioner Punjab has passed the order on 07.11.2009 (Annexure P-5) whereby the petitioner's case has been rejected on the ground that the Department of Personnel has not granted aproval for changing the placement of these officers into the promotions. Mr. H.S. Sethi, learned counsel for the petitioners has referred to recommendations made by the Labour Commissioner dated 24.08.2009 (Annexure P-6) in which it has been mentioned that juniors to the petitioners Sh. Sukhmander Singh and Narinder have been promoted in the year 2004. Mr. Praveen Chander Goyal, Addl.A.G, Punjab, learned State CWP No. 15206 of 2010 -3- counsel does not dispute the factual position and supported the order dated 07.11.2009 (Annexure P5) whereby it has been mentioned that in the year 1991, the department has upgraded the 12 posts of Assistant Director of Factories to that of Deputy Director of Factories and against these upgraded posts, the petitioners were given the placements and not the promotions, therefore, no increment was given to them. The matter was referred to Personnel Department for approval for changing the placement of these officers into the promotion. The petitioners were promoted on 12.07.1991 as Deputy Directors. All of the petitioners were put on probation for a period of one year. They have worked for 11 years after promotion and have not been given the pay scale of Deputy Director and increments. Persons junior to them Sh. Sukhmander Singh and Narinder have since been promoted in the year 2004 and are drawing all consequential benefits. The plea of the respondents that it was a case of mere placement and not promotion as Deputy Directors, has no merit. Accordingly, the writ petition is allowed. It is directed that the petitioners be treated as Deputy Directors of Factories w.e.f 12.07.1991 with all consequential benefits of fixation of pay and increments. Their pay be fixed by granting benefit of increments and subsequently re-fixation of pension. The payment should be made along with arrears, within a period of three months from the date of receipt of certified copy of this order. August 10, 2011 ( RITU BAHRI ) G.Arora JUDGE