Shri O.P. Bhagat, Punjab Transport Service, Joint Provincial Transport Controller vs State of Punjab

M.R. Agnihotri, J.—Petitioner O. P. Bhagat, Joint Provincial Transport Controller, Punjab, has invoked the writ jurisdiction of this Court for the issuance of a writ of mandamus directing the State of Punjab through the Secretary to Government, Punjab, Department of Transport, to consider the petitioner for regular appointment as Joint Provincial Transport Controller, from the date be has been performing the duties of the said post and to grant to him the salary of the higher posts of Deputy Director, State Transport, as well as Joint Provincial Transport Controller, alongwith other consequential benefits by way of grant of increments and crossing of Efficiency Bar etc.

The petitioner was appointed as General Manager, Punjab Transport Department, with effect from 18th August, 1972, and was governed by the Punjab Transport Department (State Service Class II) Rules, 1963. According to Rule 10 of the aforesaid Rules, the maximum period of probation, including extensions, if any, was prescribed as three years. On 26th July, 1979, the petitioner was appointed as Deputy Director, State Transport, Punjab, and in that capacity he continued upto 26th May, 1981, when he was transferred as Joint Provincial Transport Controller. The petitioner worked in that capacity and discharged the duties of the post of Joint Provincial Transport Controller upto 9th April, 1987, during which period he was allowed to cross the Efficiency Bar at the stage of Rs. 1,200/- with effect from 1-1-1981 and at the stage of Rs. 1,400/- with effect from 1.1.1985, vide orders dated 9th September, 1985, passed by the President of India, and 20th February, 1986, passed by the Governor of Punjab, respectively. He also made representations for the regularisation of his services on the post of Joint Provincial Transport Controller, but no order whatsoever was passed thereon Since the petitioner was due to retire on 31st October, 1989, without waiting further, he filed the present writ petition on 9th April, 1987, for consideration of his case for regular appointment as Joint Provincial Transport Controller and for the grant of salary of the posts of Deputy Director, State Transport, and Joint Provincial Transport Controller for the period he actually held those posts and discharged their duties.

In reply to the writ petition, the respondent have pleaded that the petitioner was merely ordered to discharge the duties of the post of Deputy Director, State Transport, Punjab, and was never appointed as Deputy Director, State Transport, in regular capacity. Since according to the respondents, it was not a promotion order of the petitioner, he was not entitled to claim the benefit of pay, etc for having worked as Joint Provincial Transport Controller, Punjab, as well.

Having heard the learned counsel for the parties, I find that the claim of the petitioner deserves to he allowed and the plea of the respondent does not hold good either in law or in equity. Once the petitioner was posted as Deputy Director, State Transport, Punjab and was permitted to hold this post and perform the functions attached to the post for a number of years that is, from 26th July 1979 to 25th May. 1981, and as Joint Provincial Transport Controller, Punjab, from 25th May. 1981 to 9th April, 1987, he was entitled to draw the salary attached to the posts. Not only that, by express orders passed by the State, the petitioner was allowed to cross the Efficiency Bars twice while working on the posts which fact alone conclusively proves that the petitioner was required to discharge the duties of the higher posts for an indefinite period and his performance was quite upto the mark It is a well-settled and recognised principle of administration of service that crossing of Efficiency Bar is considered as hallmark of efficiency and approved services of the employee. Therefore, it is neither legally permissible nor proper on the part of the State to deny to the petitioner the salary for the periods he was required to discharge the duties of the higher posts. For authority, reference may be made to the Judgment of the Supreme Court reported as Smt. P. Grover Vs. State of Haryana and Another, .

Consequently, I allow this writ petition and direct the respondent State to grant to the petitioner the arrears of salary for the periods from 26th July, 19/9 to 25th May, 1981, and 26th May. 1981 to 9th April, 1987, during which the petitioner discharged the duties of the posts of Deputy Director, State Transport, and Joint Provincial Transport Controller, respectively. Since the petitioner has retired from service, the arrears of salary shall be paid to him within a period of three months and the pension admissible to the petitioner shall be revised accordingly, after re-fixation of his pay as drawn by him on the date of superannuation. The petitioner shall also be entitled to the costs of this petition which are quantified at Rs. 500/-.