IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 2758 of 1989 Date of Decision: 14.5.2009. Balwant Singh --Petitioner Versus State of Punjab & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- None for the petitioner. Mr. Yatinder Sharma, DAG, Punjab. *** PERMOD KOHLI.J (ORAL) The petitioner is aggrieved of the order dated 23.5.1988 whereby the benefit of selection grade granted to him w.e.f. 29.12.1978 has been withdrawn and the said benefit was conferred w.e.f. 13.10.1987. The petitioner was appointed as a Tracer in PWD (B&R) on 12.10.1972 in the pay scale of Rs. 400-600. Some posts of Tracers were sanctioned for selection grade of Rs. 510-800 w.e.f. 1.1.1978. These posts were distributed amongst the Tracers vide Chief Engineer's order dated 8.10.1987. The Superintending Engineer vide his order (Annexure P-2) granted selection grade of Rs. 510-800 to the petitioner w.e.f.29.12.1978. Later the petitioner was promoted as Draftsman on 5.6.1985. The Superintending Engineer, however, passed the impugned order dated 23.5.1988 withdrawing the benefit of the selection grade w.e.f. 29.12.1978 and shifted the date of such benefit to 13.10.1987. It is this order (Annexure P-3), which has been challenged in the present petition. CWP. No. 2758 of 1989 -2- The case of the petitioner is that he was allowed the benefit of selection grade in compliance with the order of the Chief Engineer dated 8.10.1987. The other stand of the petitioner is that the period fixed for grant of selection grade at 15 years has been withdrawn. However, no such order is on record. State's clear and categoric stand is that under the Govt. Circular dated 3.3.1980, it is mandatory to have 15 years of service for release of selection grade. Copy of these instructions is placed on record. The relevant paragraph (iii) reads as under:- “ Selection Grade will not be admissible to an officer unless he has completed 15 years service. The service should either be in the basic scale where appointment to the basic scale is from the point of fresh entry into service or as the sum total of the employee's service in the basic scale and in the one scale next below.” From the above quoted paragraph of the Govt. Instructions, selection grade is admissible only on completion of 15 years of service. No material has been placed on record to rebut the aforesaid position. In view of the above circumstances, there is no infirmity in the impugned order. No merit, petition dismissed. (PERMOD KOHLI) JUDGE 14.5.2009 lucky