C.W.P. No. 16306 of 2010 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P. No. 16306 of 2010 (O&M) Date of Decision: July 27,2011 Deep Ram ............................................... Petitioner Versus State of Punjab and others ................... Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. Manohar Dadwal, Advocate for the petitioner. Ms. Kavita Arora, AAG, Punjab. ... RITU BAHRI, J. (Oral) Petitioner is seeking a writ of Mandamus directing the respondents to grant the pay scale of `5000-8100/- to him with effect from 1.1.1996 as he has been re-designated as Chargeman Special Grade-I. The undisputed facts are that the petitioner was appointed as Beldar on 7.3.1980 with the respondent and thereafter he was promoted as Electrician on 1.5.1985. C.W.P. No. 16306 of 2010 [ 2 ] Thereafter he was again promoted as Chargeman on 1.3.1989 and finally promoted as Chargeman Special on 1.3.1996. Vide notification dated 19.5.1998, Government of Punjab, Department of Finance had issued revised Pay Rules. As per the Second Schedule of these Pay Rules, the Chargeman who was placed in the pay scale of `1365-2410/- was entitled to be placed in the pay scale of `5000-8100/- with effect from 1.1.1996. Petitioner's case is that he is entitled to the pay scale of `5000-8100/- as he was promoted as Chargeman Special Grade-I on 1.3.1996 in the pay scale of `1365-2410/-. In the written statement filed by the respondents the petitioner's claim is being declined on the ground that on 1.1.1996 he was drawing pay in the scale of `950-1800/- and the placement scale is `4550-7220/-. As per notification Annexure P1 his post being in Category 'A' he was thus entitled to the pay scale with effect from 1.1.1996 in the scale of `4550-7220/-. Petitioner has never been re- designated as Chargeman Grade-I in Category 'B', therefore, he was not entitled to the revised pay scale of `5000-8100/-. In the reply, it has also been explained that Joginder Paul, Lekh Ram and Bachittar Singh, Chargemen Spl. Grade-I, are senior to the petitioner as they were drawing the pay scale of `1350-2400/- as on 1.1.1996. Annexure R-1 is the revised seniority list of Technical C.W.P. No. 16306 of 2010 [ 3 ] Supervisors in which Lekh Ram is at Sr. No.105, Joginder Paul is at Sr. No. 106, Bachittar Singh is at Sr. No.107 and the petitioner is shown at Sr. No.130. However, he has shown to be promoted on 1.3.1996 as Chargeman Spl. Grade-I. In view of the fact that the petitioner was promoted on 1.3.1996, for no intents and purposes it can be held that he was not entitled to the revised pay scale of `5000-8100/- with effect from 1.3.1996. Even though petitioner is junior to Lekh Ram, Joginder Paul and Bachittar Singh yet he is entitled to the pay scale of `5000-8100/- with effect from 1.3.1996. Writ petition is allowed. The respondents are directed to fix the pay of the petitioner in the pay scale of `5000-8100/- with effect from 1.3.1996. He shall also be entitled to arrears. 27.7.2011 ( RITU BAHRI ) Rupi JUDGE