Kiran Kumar Sharda vs State of Punjab and Others

Tejinder Singh Dhindsa, J.—The petitioner was initially recruited as Temporary Engineer in the year 1973 under the Department of Irrigation, State of Punjab. Thereafter, he was appointed on regular basis w.e.f. 05.05.1974. He was promoted as Executive Engineer on 22.01.1997 and further promoted as Superintending Engineer on 09.07.2004. The petitioner retired on 30.11.2008 upon attaining the age of superannuation. The instant writ petition has been filed seeking directions to the respondent-authorities to fix the pay of the petitioner at Rs. 55,260/- w.e.f. 03.01.2006 in the revised scale of Rs. 37,400-67,000/- admissible to Superintending Engineers w.e.f. 01.01.2006.

In support of such claim counsel would contend that the petitioner, who was promoted as Superintending Engineer on 09.07.2004, whereas his junior namely Vinod Kumar Jerath had been promoted as Superintending Engineer on 03.01.2006. Pay parity with his junior is being sought by the petitioner in the light of notification dated 27.05.2009 issued by the Department of Finance, State of Punjab (Annexure P-1), whereby the Punjab Civil Services (Revised Pay) Rules, 2009 were issued. Counsel would place reliance upon Rule 7 governing fixation of pay in the revised pay structure and would refer to Note 6 of Rule 7, which reads in the following terms:

Note 6-In case, where a senior Government Employee, promoted to a higher post before first day of January, 2006, draws less pay in the revised pay structure than his junior, who is promoted to higher post on or after first day of January, 2006, the pay, in the pay band of senior Government employee, will be stepped up to an amount, equal to the pay in the pay band, as fixed for his junior in that higher post. The stepping up will be done with effect from the date of promotion of the junior Government employee subject to the fulfillment of the conditions enumerated in this Rule.

Counsel would submit that as per Note 6, Rule 7, the petitioner is entitled to fixation of his pay w.e.f. 03.01.2006 at par with his junior namely Sh. Vinod Kumar Jerath. This Court is further apprised that a legal notice dated 28.06.2011 (Annexure P-12) already stands served upon the respondent-authorities and no decision thereupon has been taken even though a reminder has also been issued on 29.08.2012. In the light of the facts noticed hereinabove, I deem it appropriate to dispose of the present writ petition with a direction to respondents No. 1 & 2 to consider the claim of the petitioner strictly in accordance with law and to take a final decision on the legal notice dated 28.06.2011 (Annexure P-12) by passing a speaking order within a period of 3 months from the date of receipt of a certified copy of this order. Disposed of.