Dismissed

Gurvinder Singh v. State of Punjab

Punjab & Haryana HC7 Jan 2008CWP/9441/2001

Case brief

AI extract

What is this about?

The petitioner sought a direction to release his pay in the higher pay scale of an Assistant Manager, claiming entitlement based on a past re-designation. The court examined the designation order and the Corporation's fixing of the pay scale upon his return. The court found the re-designation did not alter the salary grade and dismissed the petition.

What did the court decide?

The civil writ petition is dismissed; no direction to release pay in the Assistant Manager scale is granted.

Gurvinder Singh Vs State of Punjab — Pension and Retirement Benefits | Punjab & Haryana HC (2008)

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In the High Court of Punjab and Haryana at Chandigarh

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C.W.P. No.9441 of 2001

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.....

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Date of decision:12.3.2008

Gurbinder Singh

.....Petitioner

State of Punjab and another

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.....Respondents

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Present: Mr. Amit Sharma, Advocate for the petitioner.

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None for the respondents.

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S.S. Saron, J. (Oral)

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This writ petition under Articles 226/227 of the Constitution of India has been filed for seeking a suitable writ, order or direction directing the respondents to release the pay of the petitioner after fixing the same in the pay scale of Rs.825-1580 w.e.f. 1.1.1978 and in the revised scale of Rs.2200-4000 w.e.f. 1.1.1986 and further in the scale of Rs.7880-11660 w.e.f. 1.1.1996 as the pay could not be fixed in the revised scale to which the petitioner has become entitled to because he could claim the revised scales only after his reinstatement by the Labour Court. It is also prayed that the petitioner is not being paid back wages as awarded by the Labour Court and full salary from the date of award of the Labour Court i.e. 18.1.1999 onwards. The petitioner also claims interest @ 18% per annum as the respondents are intentionally and without any authority of law withholding the same.

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The petitioner was selected and appointed as Custom

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C.W.P. No.9441/2001

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[2]

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Supervisor in the grade of Rs.200-450 by the Punjab Land Development and Reclamation Corporation Ltd. (respondent No.2) (`Corporation' – for short) vide order dated 1.7.1975 (Annexure-P.1). The petitioner joined the Corporation on 3.7.1975. A perusal of the appointment letter (AnnexureP.1) shows that the petitioner was appointed as Custom Supervisor at an initial start of Rs.200/- in the grade of Rs.200-450 plus dearness allowance allowed by the Corporation from time to time as also other benefits of medical treatment and house rent allowance as admissible to the employees of the Corporation. The appointment was on purely temporary basis subject to the conditions as enumerated in the appointment letter (Annexure-P.1). The petitioner continued to work. Thereafter, the Board of Directors of the Corporation in their 56^th meeting held on 23.5.1977 re-designated the post held by the petitioner from that of Custom Supervisor to Assistant Managercum-Custom Supervisor. During the course of service, the services of the petitioner and some other employees were terminated by the Corporation. The services of the petitioner were also terminated on 29.7.1977. It is submitted that the termination from service was in violation of the provisions of the Industrial Disputes Act, 1947. As such, the petitioner raised an industrial dispute which was referred by the State Government to the Presiding Officer, Labour Court, U.T., Chandigarh for adjudication. While the dispute was going on, the recommendations of the Second Pay Commission were made. These, it is stated, were adopted by the State of Punjab through Financial Commissioner (Development), Punjab (respondent No.1). The Corporation on the pattern of the State Government employees revised the pay scales of its employees w.e.f. 1.1.1978 as per

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C.W.P. No.9441/2001

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[3]

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recommendations made by the Committee constituted by the Corporation and as contained in the proceedings dated 14.5.1980 (Annexure-P.4). The common pay scale of Rs.200-450 allowed in respect of various categories of Punjab Government employees was revised to Rs.620-1200 w.e.f. 1.1.1978. The petitioner, however, claims that since he was re-designated as Assistant Manager w.e.f. 23.5.1977 as such he became entitled to the revised scale of Rs.825-1580 w.e.f. 1.1.1978 because the pay scale of all the Assistant Managers was revised to Rs.825-1580 w.e.f. 1.1.1978. However, the Corporation taking the pay scale of the petitioner to be Rs.200-450 granted him pay scale of Rs.620-1200 w.e.f. 1.1.1978. This was on the assumption that the re-designation of the petitioner was never changed to that of Assistant Manager. The service of the petitioner had been terminated on 29.7.1977 and, therefore, it is claimed that the petitioner could not stake his claim to the revised pay scale either as Assistant Manager-cum-Custom Supervisor or Custom Supervisor. It is on 2.8.1980 that the Labour Court, U.T., Chandigarh passed an award and held that the termination of services of the petitioner as also other employees was wholly illegal. Accordingly, a direction was issued for reinstatement of the petitioner with continuity of service and all attending benefits including full back wages. Against the award of the Labour Court, the Corporation filed writ petition in this Court which was dismissed in limine on 20.7.1981. The Corporation thereafter filed SLP in the Supreme Court of India in which notices were issued with the direction to the Corporation to pay 50% of the wages as if the services of the workmen were never terminated and they had continued in service. Besides, it was ordered that wages paid during the pendency of the SLP

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C.W.P. No.9441/2001

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[4]

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shall not be liable to be recovered in the event the petitions were allowed. In any case, during the pendency of the SLP the recommendations of Third Pay Commission were received and the pay scales were further revised by the Corporation on the pattern of Punjab Government w.e.f. 1.1.1986. The common pay scale of Rs.620-1200 was revised to Rs.2000-3500 whereas the common pay scale of Rs.825-1580 was revised to Rs.2200-4000 w.e.f. 1.1.1986. However, the petitioner was not in service in view of the pending SLP in the Supreme Court, as such he could not stake his claim on any of these revised scales. The SLP filed by the Corporation was dismissed. It is after the dismissal of the SLP that the petitioner was allowed to join the Corporation on 10.8.1990. The petitioner on his re-joining, it is stated, was not welcomed. Therefore, he proceeded on leave for two months. He thereafter applied for further leave, which was neither rejected nor sanctioned. In any case, he was charge-sheeted on the ground of being absent from duty without getting the leave sanctioned. An inquiry was conducted and the petitioner was dismissed from service on 3.7.1992. The petitioner challenged his dismissal order by raising an industrial dispute. Before the dismissal of the petitioner from service in a meeting of the Board of Directors held on 18.9.1990 one post of Custom Supervisor in the lower pay scale of Rs.570-1080 was created w.e.f. 30.6.1980. It is submitted that the same was assigned the pay scale of Rs.1500-2640 on 1.1.1986 with retrospective effect. This, according to the petitioner, was done with the mala fide intention to deprive him of the grade of Assistant Manager which had been revised from time to time. Thereafter, in a meeting of the Board of Directors of the Corporation held on 30.3.1993 one post of Superintendent

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C.W.P. No.9441/2001

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[5]

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Grade-II in the pay scale of Rs.2000-3500 was created by abolishing one post of Custom Supervisor which was in the pay scale of Rs.1500-2640. The recommendations of the Fourth Pay Commission were received thereafter and the pay scale of the employees of the Corporation were revised w.e.f. 1.1.1996 on the pattern of the Punjab Government employees. The scale of Rs.2000-3500 was revised to Rs.7220-11660. Besides, the pay scale of Rs.2200-4000 was revised to Rs.7880-11660. The petitioner's service having been dispensed with, it is stated that he could not stake his claim to any of the aforesaid two revised pay scales. The Labour Court, U.T., Chandigarh thereafter vide its award dated 18.1.1999 reinstated the petitioner in service with continuity of service and attending benefits with 50% payment of back wages. However, the punishment of stoppage of two increments with cumulative effect was imposed. The award of the Labour Court was assailed by the Corporation by way of CWP No.17012 of 1999 in this Court which was dismissed on 28.9.2000 (Annexure-P.6).

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Learned counsel for the petitioner has contended that in the facts and circumstances of the case the petitioner having been designated as Assistant Manager-cum-Custom Supervisor is entitled to the said pay scale of Assistant Manager. Therefore, it is contended that the petitioner is entitled to the pay scale of Rs.825-1580 w.e.f. 1.1.1978, Rs.2200-4000 w.e.f. 1.1.1986 and Rs.7880-11660 w.e.f. 1.1.1996. In any case, it is submitted that the petitioner has not been granted the revised scale of Custom Supervisor which he was initially granted in the scale of Rs.200450. In the alternative, it is submitted that the petitioner is entitled to revised scale of Rs.620-1120 w.e.f. 1.1.1978 which was further revised to Rs.2000-3500 w.e.f. 1.1.1986 and the corresponding scale that has been

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C.W.P. No.9441/2001

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[6]

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revised w.e.f. 1.1.1996.

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I have given my thoughtful consideration to the contentions of the learned counsel for the petitioner and perused the record. It may be noticed that the petitioner was initially appointed as Custom Supervisor vide order dated 1.7.1975 (Annexure-P.1) in the pay scale of Rs.200-450 plus dearness allowance allowed by the Corporation from time to time and other benefits of medical treatment and house rent allowance as admissible to the employees of the Corporation. The appointment was on purely temporary basis and subject to the conditions enumerated in the appointment order. The claim of the petitioner for grant of the higher pay scale is based on the ground that he was re-designated as Assistant Manager-cum-Custom Supervisor and, therefore, he is entitled to the pay scale of Assistant Manager of the Corporation. It may, however, be noticed that in the 56^th meeting of the Board of Directors of the Corporation held on 23.5.1977 (Annexure-P.2) the agenda item for change in designation of Custom Supervisor Garhshankar which relates to the petitioner was as follows:-

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“(B). Change in the designation of Custom-Supervisor, Garhshankar.

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Garhshankar unit of the Corporation started functioning in the year 1975. Since then, there has been no effective control on that unit. At present, there is one post of CustomSupervisor who is looking after the supervisory work of this unit. In order to effectively control the staff, it is necessary that a person of the rank of Assistant Manager is appointed in this unit. The Corporation's financial position is not such that it can afford to have a separate Assistant Manager. It is, therefore,

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C.W.P. No.9441/2001

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[7]

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proposed that for the time being, the designation of the Custom-Supervisor may be changed as Assistant Managercum-Custom Supervisor. This change will not involve any financial burden on the Corporation & the present incumbent shall continue to draw his usual grade salary.”

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A perusal of the above shows that the said agenda item was for the purpose of effectively controlling the staff that a person in the rank of the Assistant Manager was appointed in the Garhshankar unit. It was observed that the Corporation's financial position was not such that it could afford to have a separate Assistant Manager. Therefore, it was proposed that for the time being a designation of Custom Supervisor which the petitioner was holding may be changed to that of Assistant Manager-cum-Custom Supervisor. It is thereafter specifically recorded that this change would not involve any financial burden on the Corporation and the present incumbent (i.e. the petitioner) shall continue to draw his usual grade salary. Therefore, evidently the agenda item was to continue the petitioner in the same usual grade and salary. The Agenda item was approved in the meeting of the 56^th Board meeting held on 23.5.1977 (Annexure-P.3). Therefore, the approval of the Board of Directors of the Corporation was to continue the petitioner in the same usual grade of Custom Supervisor by designating him as Assistant Manager-cum-Custom Supervisor. The Corporation has re-fixed the pay of the petitioner w.e.f. 31.12.1995 in terms of the order (AnnexureR.1). The said order fixing the scale reads as under:-

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“PUNJAB LAND DEVELOPMENT AND RECLAMATION

CORPORATION LIMITED

C.W.P. No.9441/2001

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ORDER

As per Punjab Govt. Memo No.7/1/97/F.C.I.-1/314 dated 16.1.98 the pay scales of Pb. Govt. Employees/officials have been revised w.e.f. 1.1.96. On the basis of these revised pay scales, the Board of Directors of the Corporation in its meeting dated 22.12.98 under agenda 146.1 and in its meeting dated 6.10.99 under Agenda 150.8, the pay scales of the employees of the Corporation have been revised in the same terms as per the decision of the Punjab Govt. w.e.f. 1.1.96. Accordingly the pay scale of Gurbinder Singh Bajwa, Custom Supervisor has been revised as under:

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Date of scale	Old Scale	Pay in old scale	Revised Scale	Pay Fixation of Pay in Revised scale	Annual Increment _________
1.1.96	1500-	2700 175	0+40 50	00- 5640-31	.12.95
		=1790	8100	5800-	1.1.96
				6000-	1.1.97
				6200-	1.1.98
				6400-	1.1.99
				6600-	1.1.2000
				6800-	1.1.2001
				Next Annual	1.1.2002
				Increments

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Note: The pay scales of these officials

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has been fixed w.e.f. 31.12.95

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on the basis of option given by him as per Rule 7 of the Revised Pay Scale Rules 1998.

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Sd/Director”

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A perusal of the above shows that w.e.f. 1.1.1996 the old scale

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of Rs.1500-2700 has been revised to that of Rs.5000-8100 and annual

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C.W.P. No.9441/2001

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increments have also been given. Besides, the pay scale has been fixed w.e.f. 31.12.1995 on the basis of option given by the petitioner as per Rule 7 of the Revised Pay Scale Rules, 1998. Therefore, evidently in terms of the decision taken to re-designate the post of custom Supervisor to that of Assistant Manager-cum-Custom Supervisor did not grant any additional benefit or higher pay scale to the petitioner. Besides, the pay scale of the petitioner against the post of Custom Supervisor has been fixed vide order (Annexure-R.1) as reproduced above.

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In the circumstances, no further relief survives for the petitioner. Accordingly, the civil writ petition is dismissed.

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March 12, 2008.

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hsp

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NOTE : Whether to be referred to the Reporter or not:Yes/No

Gurvinder Singh v. State of Punjab

Case brief

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Gurvinder Singh v. State of Punjab

Case brief

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