State Of Haryana vs Sita Ram on 27 November, 2019
13. Hon'ble Supreme Court considered the question yet again in
State of Punjab v. Dharam Pal, (2017) 9 SCC 395. In this case the
respondent was appointed as a clerk on 22-5-1970. He was promoted to the
post of Senior Assistant on 22-9-1980. He was given the officiating charge
of the Superintendent Grade II vide order dated 9-12-2004 and thereafter,
he was directed to function as Superintendent Grade I vide Government
Order dated 26-5-2007. He superannuated on 31-3-2008. He filed Civil
Writ Petition challenging the action of the State in not granting him the
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LPA No.1491 of 2016(O&M) [15]
benefit of the pay scale for the posts of Superintendent Grade II and
Superintendent Grade I despite his having performed the duties of
officiating on those posts. This Court allowed his petition. Hon'ble
Supreme Court dismissed the appeal of the State. It made a detailed
reference to the Punjab Civil Service Rules and the relevant judgments.