R.S.A.No.1567 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.1567 of 2008 Date of Decision : 20.8.2009 Superintendent Engineer, Haryana Urban ...Appellant Development Authority, Gurgaon. Versus Ramji Dass, Ex.Junior Engineer and another ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr. Deepak Balyan, Advocate, for the appellant. HEMANT GUPTA, J. (ORAL) The defendant is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby in a suit for declaration and mandatory injunction, the defendant-appellant has been directed to pay salary for the period, the plaintiff was given current duty charge of the office of Junior Engineer. Learned counsel for the appellant has vehemently argued that the plaintiff has not claimed such relief in his suit, therefore, the Courts below have made a new case for the plaintiff-respondent. It is also contended that the post of Junior Engineer does not fall within the promotion channel from the post of Foreman and, therefore, the plaintiff is not entitled to the salary for the higher post on which he has worked as current duty charge. R.S.A.No.1567 of 2008 2 It is admitted fact that the plaintiff has worked on the post of Junior Engineer though on current duty basis. The Hon'ble Supreme Court in Smt. P. Grover Vs. State of Haryana AIR 1983 Supreme Court 1060, has held that a person, who discharged the duty of the higher post is entitled to the pay attached to the said post. In view of the said fact, I do not find that any substantial question of law arises for consideration by this Court in second appeal. Dismissed. 20.8.2009 (HEMANT GUPTA) Vimal JUDGE