Punjab-Haryana High Court
Mohinder Singh And Others vs Pepsu Road Transport Corporation on 30 November, 2011
Author: K. Kannan
Bench: K. Kannan
CWP No.5616 of 1988 1
In the High Court of Punjab and Haryana, Chandigarh.
CWP No.5616 of 1988 (O&M)
Date of Decision: 30.11.2011
Mohinder Singh and others
....Petitioners
Versus
Pepsu Road Transport Corporation
....Respondent.
Coram:- Hon'ble Mr. Justice K. Kannan
Present: Mr. Vikas Singh, Advocate and
Mr. Jagdish Singh, Advocate
for the petitioners.
Mr. Raman Mahajan, Advocate
for the respondent.
...
K. Kannan, J.(Oral)
The petitioners seek for the direction that they should be promoted as Head Mechanic and Service Station Incharge in accordance with Appendix A of the Pepsu Road Transport Corporation (Conditions of Appointment and Service Regulation) , 1981 and for grant of selection grade to them.
Petitioners who are 22 in number, have a common grievance that there was only one post of Head Mechanic and also only one post of SSI (Tyres). As it can be noticed that there is negligible scope for promotion with such a limited cadre strength, Courts cannot create a new cadre and determine appropriate CWP No.5616 of 1988 2 strength of the cadre. It would always be left to the management to take a proper view and ensure healthy labour environment where the aspiration of labour could be met by management policies. I will not, therefore, make any room for accommodating a prayer for promoting the petitioners to higher post.
The learned counsel contends that even if promotion cannot be given in terms of the rules, the petitioners must have been considered for grant of selection grade to them.
Regulation 14 of the Pepsu Road Transport Corporation (Conditions of Appointment and Service Regulation) , 1981 provides certain conditions for admitting claims for selection grade and sets out as follows:
a) Pay scales mentioned in the regulation would mean and include ordinary as well as selection grade as admissible to the counterparts of the workmen employed in the Transport Department of the State Government.
b) The number of selection grade posts will be determined and the formula, rule or manner for granting the same will be applied on the pattern followed by the State Government with regard to its employees in the Transport Department.
This explanation would take us to consideration of what the State Transport Department provides for. The petitioners have also filed Annexure P-2, the criteria adopted for the provision of selection grade by implementation of the recommendations of the Second Punjab Pay Commission. It provides as follows: - CWP No.5616 of 1988 3
(i) Selection grade will be provided in cases where the number of higher posts (all levels taken together) to which employees in a particular case can seek promotion is less than half the strength of that cadre, or where there is no promotion post at all available to a cadre or service.
(ii) The number of selection grade posts to each level should not exceed 20% of the strength of the basic scale for which the selection grade posts are to be sanctioned, for the purpose of calculating the number of selection grade posts, all posts including temporary posts, which have been in existence from three years, should be taken into account, and
(iii) 'Selection Grade' will not be admissible to an officer unless he has completed 15 years service. The service should either be in the basic scale where appointment in the basic scale is from the point of fresh-entry into service or as the sum-total of the employee's service in the basic scale and in the one scale next below."
In terms thereof, the petitioners are entitled to consideration for payment of appropriate amounts admissible for selection grade scales.
I am informed that all the petitioners ought to have by now superannuated. The payment of selection grade shall be in terms of the State circulars by reckoning 15 continuous years service from the date of entry into service and the selection grade as admissible for the workers in the Transport Department shall be calculated and paid CWP No.5616 of 1988 4 to the petitioners or in case of death, to their respective representatives. The entire reckoning shall be made and issued to the petitioners within a period of 12 weeks from the date of receipt of a copy of the order.
Writ petition is allowed to the above extent.
( K. Kannan ) Judge 30.11.2011 sk.