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Showing contexts for: draftsman pay scale in Joginder Pal vs Municipal Corporation on 11 August, 2010Matching Fragments
To examine the prayer made in the writ petition, it will be necessary to recapitulate the brief facts of the case.
The petitioner joined the service of Municipal Committee, Amritsar, as Tracer on 11.11.1970. Thereafter, the Municipal Committee, Amritsar, was upgraded as Municipal Corporation. It is pleaded that the next promotion from the post of Tracer in the Municipal Corporation, Amritsar, is to that of Draftsman. The petitioner was at serial No.2 in the seniority list of the Tracers. One Charanjit Lal Bhatia, who was at serial No.1 in the seniority list, was promoted as Draftsman by the Commissioner, Municipal Corporation, on 18.11.2007. Vide order dated 10.3.1981 (Annexure P2), the Secretary, Municipal Corporation, Amritsar, ordered that the petitioner, who was working as a Tracer, was allowed to work as Draftsman in his own pay and scale, purely as a temporary measure till the permanent substitute was provided. Subsequently, vide order dated 7.2.1985 (Annexure P3), the Municipal Corporation, Amritsar, promoted Narinder Kumar, Tracer, as a Draftsman in the pay scale of Rs.700-1200 but the petitioner was allowed to work as Draftsman temporarily in his own pay scale of Tracer. Vide resolution dated 22.5.1987 (Annexure P4), one Surinder Singh Sahota, Tracer, who was at serial No.5 in the seniority list, was promoted as Draftsman in the pay scale thereof.
The petitioner, aggrieved against the promotion of his juniors in the pay scale of Draftsman, approached this Court by filing Civil Writ Petition No. 7334 of 1987, stating that he could not be discriminated. The stand of the Municipal Corporation, in the said writ petition, was that the petitioner's juniors were promoted in the pay scale of Draftsman as they had obtained necessary qualification by passing the diploma, whereas the petitioner lacked this essential qualification. The act of the respondents to promote the petitioner as Draftsman, in the pay scale of Tracer, was challenged. Learned Single Judge of this Court, had allowed the said writ petition, vide order dated 8.8.1990, and observed as under:-
In view of the foregoing reasons, this writ petition is allowed and the respondent is directed to consider the case of the petitioner for promotion per eligibility under the old rules. The case of the petitioner for promotion is to be considered within two months from the receipt of the order".
Vide letter dated 10.1.1991 (Annexure P6), the Assistant Commissioner, Municipal Corporation, Amritsar, sent a communication to the petitioner that Surinder Singh Sahota, Chathar Singh and Kashmir Singh, who were juniors to Charanjit Lal Bhatia, were promoted as Draftsman, because they possessed Diploma in Draftsmanship, whereas the immediate senior of the petitioner i.e. Charanjit Lal Bhatia was not holding a Diploma in Draftsmanship, therefore, on a promoted post, he was paid salary in his own pay scale. It was stated that for a Tracer to become a Draftsman, two years Diploma/Certificate in Draftsmanship was necessary to fulfill the eligibility criteria. Vide order dated 25.2.1992 (Annexure P7), in pursuance of the directions issued by this Court, the case of the petitioner was considered by the Municipal Corporation, Amritsar. He was temporarily promoted to the post of Draftsman in his own pay scale. It was stated in the order that Charanjit Lal Bhatia was promoted temporarily. He was never given the salary for the post of Draftsman till he retired from his service. Therefore, on that precedent, the petitioner was also promoted from the post of Tracer to that of Draftsman, without being paid pay scale of the Draftsman.
Therefore, the present writ petition is accepted and order dated 25.2.1992 (Annexure P7) is modified to the extent that the petitioner will be entitled to the pay scale of Draftsman, however, the arrears of pay shall be restricted to three years and two months, from the date of filing of the present writ petition. The terminal benefits of the petitioner shall be redetermined, accordingly.
Mr. Ashok Khunger, Advocate, appearing for the respondents, submits that the directions of this Court shall be complied with, within a period of three months, without prejudice to the lawful remedy which the Municipal Corporation may avail.