Partly allowed

Ramesh Ram v. Punjab State Civil Supplies Copr Ltd. & Ors.

Punjab & Haryana HC11 Oct 2012CWP/9939/1994

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana rejected the petitioner's claim for regularization as a Senior Assistant. However, relying on the principle of equal pay, the court allowed the petition for payment of salary equivalent to a Clerk post for the deputation period, along with interest.

What did the court decide?

Payment of salary equal to the post of Clerk for the actual deputation period, plus interest at 6% per annum, with arrears to be paid within four months.

Ramesh Ram Vs Punjab State Civil… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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CWP No. 9939 of 1994

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IN THE HIGH COURT OF PUNJAB AND HARYANA, CHANDIGARH

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CWP No. 9939 of 1994 Date of Decision: 11.10.2012

Ramesh Ram

......... Petitioner

Versus

Punjab State Civil Supplies Corporation Ltd. and another

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..... Respondents

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CORAM : HON'BLE MR. JUSTICE R.P. NAGRATH

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1. Whether Reporters of local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Present:Mr. Arihant Goyal, Advocate for the petitioner.

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Mr. Sanjiv Walia, Advocate for the respondents.

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R.P. NAGRATH, J. (ORAL)

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Petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, with a prayer to direct the respondents to regularize the services of the petitioner as Senior Assistant (Accounts) and for payment of the amount on the principle of 'equal pay for equal work'. The petitioner was appointed as Shop Assistant Grade-II {now designated as Public Distributor Helper (PDH)} in the office of District Manager, PUNSUP, Faridkot vide order dated 19.01.1978.

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The petitioner passed his Graduation in the year 1976 after he did his High Secondary with Commerce subject, and well conversant with

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CWP No. 9939 of 1994 -2-

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accounts work. He was deputed on the post of Accountant for conducting audit/reconciliation for the period from 01.01.1981 to 31.03.1981 vide order dated 31.03.1981 (Annexure P-1). He gave his consent for looking into the accounts work vide his letter dated 27.01.1987 (Annexure P-4), in response to the letter dated 22.01.1987 (Annexure P-3) of District Manager, PUNSUP, Faridkot. The District Manager, PUNSUP vide order dated 27.03.1987 (Annexure P-5) deputed the petitioner in Circle Office, PUNSUP, Faridkot of Kotkapura Centre for doing the accounts work but he was not to be paid anything except the allowances already given to him. He was further posted permanently in the Arrears Cell to complete the accounts for the years 1983, 1984 and 1985 under order of District Manager, PUNSUP, Faridkot dated 02.09.1992 (Annexure P-6) and to get the audit done. He was then deputed at Sub Division Office for making payment of wheat procured, vide order dated 25.04.1994 (Annexure P-9).

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It is, therefore, contended that the petitioner had got lot of experience in the field and entitled to be absorbed as the Senior Assistant (Accounts).

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I have heard learned Counsel for the parties and perused the record.

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During arguments, the Counsel for the respondents placed on record the Punjab State Civil Supplies Corporation Revised Service Regulations, 1985 (to be described in short as 'the Regulations') providing the terms and conditions of appointment to different posts, relevant extract of which was already filed as Annexure R-1/1. These Regulations apply

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to the posts specified in Appendix-I. Regulation 3 says that the service

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CWP No. 9939 of 1994

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shall comprise of the posts shown in Appendix-I to these regulations, provided that nothing in these regulations shall effect the inherent right of the Corporation to make additions to or reductions in the number and/or character of the posts in the service whether permanently or temporarily.

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Regulation 10 deals with method of appointment. It reads as

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under:-

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“Appointment to the posts in the service shall be made by any or all the modes in their respective order indicated below:-

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(I) by direct recruitment, which also includes appointment; (a) by deputation;

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(b) by absorption into service of the employee taken on deputation;

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Provided that filling up of any post on absorption/transfer shall be made with the prior approval of the Board of Directors.

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(II) by promotion from amongst eligible categories of employees.”

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The method of appointment for the post of Accountant as laid down in Appendix-I at serial No. 16 as in Annexure R-1/1 is as under:-

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APPENDIX-I

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*Sr.* *No.*	*Name of* *Post*	*Scale*	*Direct*	By *promotion*	*Direct*	*By promotion*
1	2	3	4	5	6	7
16	Accountants	570-1080	75%	25%	B. Com/BA (Com) from a recognized university	1) Graduate 2) Clerks/ Senior Clerks with atleast 4-years services 3) 2 months' training & test thereafter before promotion

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CWP No. 9939 of 1994 -4-

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Therefore, requirements of 25% of the total number of posts of Accountant to be filled by promotion are that; (i) the employee should be a graduate; (ii) Clerks/Senior Clerks with atleast 4 years service and; (iii) 2 months' training and test thereafter before promotion. The contention of petitioner's counsel is that only one of these three conditions is required to be fulfilled for promotion as Accountant, is misconceived and untenable because all the three requirements as described above have to be fulfilled. This is so because for certain posts in the Appendix the word 'or' out of various requirements in column Nos. 6 and 7 has been mentioned, which is manifestly missing in respect of various requirements for promotion to the post of Accountant. For example, the qualification for appointment to the post of Manager (General) at Serial No. 3 of the Appendix-I, the requirements of direct appointment or by promotion are as under:-

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*Sr.* *No.*	*Name of the Post*	*Direct*	*By Promotion*
3	Manager (General)	1. M.B.A./MPM with atleast 8 years post qualification experience	Regional Manager with atleast 3 years service OR
		OR by transfer/deputation from Govt. Deptts. or Public Undertakings	Deputy/District Manager with atleast 7 years service.

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There is no assertion of the petitioner that he was ever appointed as a regular clerk in the Department and all the documents relied upon by the petitioner reveal that he was only deputed as Accountant on stop-gap arrangement to carry the accounts on his own consent.

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Regulation 4 of the Regulations says that all appointments to

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the posts in service shall be made by the Authority indicated in AppendixII. Under this Appendix, for the posts of Clerks and Accountants, the appointing authority is Managing Director, as these posts carry the pay scale with initial start of not less than 400/-. The post of Clerk at serial No. 18 of Appendix-I carries a scale of 400-600 and for the post of Accountant ` 570-1080. All the orders deputing petitioner to carry on the audit/accounts were passed by the District Manager (PUNSUP) and not by the Managing Director.

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The respondents' Counsel has rightly referred to the details of the posts contained in Appendix-I, which lays down a policy showing distinct hierarchy of promotion in this Department. The channel of promotion of Public Distributor Helpers (PDH), is Public Distributor Clerk mentioned at serial No. 28 of Appendix-I, for which requirement for promotion is matriculation with 5 years service as PDH or Chowkidar. The promotion channel of Public Distributor Clerk is Sub Inspector and Quality Inspector onwards for which the petitioner never applied. The petitioner even never admittedly applied for promotion to the post of Clerk if he was eligible being a Graduate. Therefore, the petition is liable to be dismissed for that relief.

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The petitioner's Counsel, however, relies upon the judgment of Full Bench of this Court reported in Subhash Chander v. State of Haryana and others, 2012(1) S.C.T. 603, that a person who has worked on higher post must be paid his emoluments on the principle of 'equal pay for equal work'. The petitioner, however, was being paid the emoluments of his original post of Public Distributor Helper and his claim to that

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CWP No. 9939 of 1994

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extent is justified and accepted.

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Prayer of the petitioner for being appointed to the post of Senior Assistant (Accounts) is dismissed but allowed to the above extent. Respondents are directed to pay the salary equal to the post of Clerk for the actual period he was deputed under various orders from time to time to look into the accounts and audit of the department. The petitioner would also be paid interest @ 6% P.A. for the period he actually worked till filing of the writ petition. The payment of arrears be made within a period of 4 months from the date of receipt of certified copy of this order, failing which, the petitioner would be entitled to the interest @ 8% P.A. over the arrears, from the date of this judgment.

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Disposed of in the above terms.

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October 11, 2012 ( R.P. NAGRATH ) jk JUDGE

Ramesh Ram v. Punjab State Civil Supplies Copr Ltd. & Ors.

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Ramesh Ram v. Punjab State Civil Supplies Copr Ltd. & Ors.

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