IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 3060 of 1990 Date of Decision: 7.5.2009. Dalbir Singh Law Officer --Petitioner Versus State of Punjab & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Ashok K. Sharma Nabhewala, Advocate for the petitioner. Mr. Yatinder Sharma, DAG, Punjab. *** PERMOD KOHLI.J (ORAL) The petitioner was initially appointed as Assistant in Punjab Civil Secretariat on 3.2.1960. Later on he was appointed as Law Officer on 28.3.1978 in the pay scale of Rs. 825-1580. On 29.10.1984 the State Govt. took a policy decision to give selection grade to some of the employees. This policy was circulated vide letter dated 29.10.1984. The relevant clause reads as under:- “ (iii). 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 in to service or as the sum-total of the employees service in the basic scale and in the one scale next below.” On the basis of the aforesaid policy decision the petitioner became entitled to the selection grade on 1.9.1985. The case of the CWP. No. 3060 of 1990 -2- petitioner was recommended for grant of selection grade. Having received no response the petitioner filed writ petition being CWP No. 11264 of 1988 which came to be disposed of by this Court vide order dated 8.2.1989 directing the respondents to decide the representation of the petitioner within a period of two months. Consequent upon the aforesaid order the State decided the representation of the petitioner vide impugned order dated 22.4.1989 stating therein that the recommendations of the petitioner were received from the Department of Local Govt. in the General Administration on 22.1.1986 and petitioner could not be granted the selection grade with retrospective effect. Since the selection grade has been adopted by a policy decision w.e.f 1.1.1986 when the proficiency step-up was introduced, the petitioner could not be granted the selection grade w.e.f 1.9.1985. It is this order which is impugned in the present petition. Earlier the matter was referred to Lok Adalat and the Lok Adalat allowed the writ petition. Since the writ petition was allowed without a consent order the same was set aside by a learned Single Judge of this Court vide order dated 8.5.2008 and the writ petition revived for consideration on merits. It is admitted position that the petitioner was entitled to the selection grade on completion of 15 years of service in accordance with the policy decision dated 29.10.1984. The case of the petitioner was also recommended. He completed 15 years of service on 1.9.1985. The stand of the respondents to deny the claim of the petitioner is that the Third Pay Commission was constituted which provided for proficiency step-up and the recommendations of the Third Pay Commission were applied w.e.f. 1.1.1986 and the petitioner could not be granted the selection grade, he CWP. No. 3060 of 1990 -3- having got the benefit of proficiency step-up. The Third Pay Commission was constituted vide notification dated 3.7.1986. By that time the petitioner had already earned the selection grade on account of his 15 years of service in accordance with the Govt. Policy dated 29.10.1984. The pay of the petitioner was revised to 2200-4000 w.e.f. 1.1.1986 i.e. later in time than the entitlement of the petitioner for the selection grade. Merely because the State had constituted the Third Pay Commission there was no reason to deny the selection grade to the petitioner to which he was entitled on the date of the receipt of the Govt. Instructions which were duly implemented in case of all the Govt. employees. The proficiency step-up was introduced w.e.f 1.1.1986. So was the position with regard to the revised pay scale. Since the petitioner had qualified and had earned the selection grade on rendering 15 years of his service, he cannot be denied the benefit. Mr. Sharma appearing on behalf of the respondent-State has argued that the petitioner was not entitled to the selection grade as he had not put in 15 years of service as Law Officer. However, from the para (iii) of the instructions it is evident that it is the sum total of the basic pay and the pay next below which is relevant to calculate 15 years of service. Admittedly, petitioner had joined as Assistant in the year 1960 and had put in almost 15 years of service when he became Law Officer and again put in more than 13 years of service as Law Officer as on 1.9.1985 and thus a sum total of the petitioner's service was much more than 15 years. In the above circumstance, this petition is allowed. The respondents are directed to release the selection grade of Rs. 1200-1700 to the petitioner w.e.f 1.9.1985 to 1.1.1986 the date when pay scale was CWP. No. 3060 of 1990 -4- revised. Needless to say that the petitioner shall be entitled to the proficiency step-up as admissible under the revised pay scales. The petitioner has retired w.e.f 31.7.1991. The respondents after granting the aforesaid benefit will resettle the pensionary benefits accordingly. (PERMOD KOHLI) JUDGE 7.5.2009 lucky