R.S.A. No. 740 of 1988 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH R.S.A. No. 740 of 1988 Date of Decision: July 21,2010 The State of Punjab and others ............................... Appellant versus Som Nath ................................................................ Respondent Coram: Hon'ble Mr.Justice Ashutosh Mohunta Present: Mr. Rajesh Bhardwaj, Addl. .A.G. Punjab. None for the respondent. ... ASHUTOSH MOHUNTA, J. (Oral) The State of Punjab has filed this appeal impugning the judgment dated 16.4.1987 passed by the Sub Judge Ist Class, Nabha, and the judgment dated 23.11.1987 passed by the Addl. District Judge, Patiala, whereby the respondent-plaintiff was held entitled to the re-fixation of his pay in the revised pay by drawing his basic pay in the un-revised scale as Rs.475/- after having crossed the efficiency bar with effect from 23.12.1977. The respondent was also deemed to have been promoted to the post of Head Master with effect from 24.9.1980. The plaintiff filed a suit against the respondent wherein it was averred that he was working as a Lecturer on 23.12.1977 in the pay scale of R.S.A. No. 740 of 1988 [ 2 ] Rs.250-600 and was posted as such at Government Higher Secondary School, Nabha. The case for clearance of efficiency bar of the plaintiff was sent to the concerned authorities well in advance and the same was to be cleared before 23.12.1977 but the respondents vide letter dated 13.3.1979 ordered to keep the clearance of efficiency bar in abeyance for one year from 23.12.1977. It was averred that as the plaintiff was denied crossing the efficiency bar for no fault of his which resulted in denying him the revised pay scale with effect from 1.1.1978, therefore, irreparable loss was caused to him. The trial Court partly decreed the suit and held that the plaintiff was not entitled to cross the efficiency bar. However, it was held that the plaintiff was entitled to promotion with effect from 24.9.1980 instead of 17.11.1982 as Head Master. Against the aforementioned findings of the trial Court, the plaintiff as well as the defendant both filed appeals. The Appellate Court allowed the appeal filed by the plaintiff and dismissed the appeal filed by the State. The Appellate Court came to the conclusion that the plaintiff ought to have been allowed to cross the efficiency bar with effect from 23.12.1977 as he was fit and eligible in all respects. The substantial question of law that arises in the present appeals is “Whether the service relevant to be taken into consideration for deciding the question of crossing the efficiency bar is the one preceding the date from which the employee is deemed to cross the efficiency bar? I have perused the judgments of both the Courts below and find that the State of Punjab denied the plaintiff-respondent to cross the efficiency bar with effect from 23.12.1977 without there being any impediment in his case. The plaintiff was denied to cross the efficiency bar R.S.A. No. 740 of 1988 [ 3 ] only on the ground that he had shown negative results in the preceding three years as a Teacher. In the present case the appellant-State of Punjab had taken into consideration the result for the session 1977-78 which could not have been done because the results for the period of three years prior to the said date alone could be considered. In this regard, reliance has been placed on Sardar Santokh Singh v. State of Punjab 1975 ASR 412 wherein it has been held that period of service relevant to be taken into consideration for deciding the question of crossing the efficiency bar as the one preceding the date for which employee is due to cross the efficiency bar. Thus, the lower Appellate Court has rightly returned finding in favour of the respondents. In view of the above, as the result for the session 1977-78 was taken into consideration which could not have been done in view of the judgment in Santokh Singh's case (supra), therefore, the question of law is answered in favour of the employee and against the State. Resultantly, there is no merit in this appeal and the same is dismissed. ( ASHUTOSH MOHUNTA ) 21.7.2010 JUDGE rupi