01.01.1988 has been prepared by this office and is being sent to your office for further action.
Respondent, thereafter, raised an industrial dispute.
Material part of the said circular is as under In companytinuation to this officer order Nol.129/Fin PRC 1988 dated 11.11.1988, No.147/ Fin PRC 1988 dated 21.03.89, No.168/Fin PRC 1988 dated 15.6.89, No.169/Fin PRC 1989 dated 26.6.89, No.181/Fin PRC 1988 dated 20.10.89, No.189 Fin PRC 1988 dated 19.01.1990, No.190 Fin PRC 1988 dated 23.01.1990, No.211 Fin PRC 1988 dated 4.7.1990 and office order No.271 Fin PRC 1988 dated 13.8.1990, the Punjab State Electricity Board is pleased to further revise the scales of pay of the following categories of employees w.e.f 01.01.1986 as under XXX XXX XXX The Punjab State Electricity Board has also decided that i ii For UDCs joining PSEB, as a result of either through direct recruitment or by promotion from amongst LDCs after passing the Departmental Accounts Examination, the date of joining as UDC will be taken as the date of first induction in the PSEB for the purpose of grant of 9/16 years time bound scales.
However, I was number released this scale because of promotion as UDC from 05.07.86, as such LDCs who are junior to me and having seniority No.3462 to 3651 have been granted pay scale of Rs.1500 2640 from 01.01.88 i.e. higher scale than me and were having more basic pay than me.
Another Finance Circular was issued on 31.10.1995 in terms whereof, it was clarified that for giving the benefit of time bound promotional scheme after 9/16/23 years of regular service, the induction post is to be treated as under After companysidering this case and as per scheme made by the Board vide office order No.197/Fin PRC 988 dated 23.4.1990, it is clarified specially that one employee is entitled for getting benefits of one induction post only during his whole service.
While preparing this list, LDCs who have been promoted upto 31.12.87 their names have number been included in this list.
The Board was directed to companysider his representation pursuant whereto and in furtherance thereof by an order dated 30.10.2002, representation of the respondent was rejected, inter alia, on the premise that He had number companypleted 10 years of service as LDC and, thus, did number fall in the upper ratio of 40 of LDCs He had already been promoted w.e.f.
1.1.1986.
Because of these pay anomalies, the Board has granted opportunity to the LDCs promoted as UDC before 01.01.1986 to exercise option to keep their induction post as LDC or UDC.
The revision in the scale of pay of LDCs was directed by an order dated 3.10.1990 w.e.f.
In terms of the said letter, 1.1.1986 was fixed as the cut off date.
Yet again, the respondent by a letter dated 29.1.1996 opted for UDC as his induction post, stating With respect it is requested that I joined as Upper Division Clerk on 5.7.1986 and in this way I companypleted 9 years of my service as Upper Division Clerk on 4.7.1995.
It is, therefore, submitted that hardship caused to me by drawing higher pay scale and my basic pay by employees junior to me be removed and I be granted pay scale of Rs.1500 2640 w.e.f.
5.7.1986 He had already taken 9 years time on promotional scale keeping his induction post as UDC on 8.7.1995 and By reason of FC No.34/95 he was entitled to the benefit of revision of scale of pay only at one induction level.
A decision was taken in favour of the employees.
The said revision of scale of pay, however, was to be granted on the basis of total number of years of service as LDC in the said cadre.
The regulations so framed are known as Punjab State Electricity Board Ministerial Services Class III Regulations, 1985.
Names and serial No.
01.01.88 and pay scale of Rs.1640 2925 on companypletion of 16 years service and my salary be fixed accordingly because I have been bearing this hardship for the last 6/7 years.
1.1.1978 and Rs.950 1800 w.e.f.
2898 OF 2008 Arising out of SLP C No.5223 of 2004 With Civil Appeal No.
Therefore, I be given 9 years time bound scale of Upper Division Clerk from 5.7.1995 and my salary be also settled according to that.
On or about 7.10.1992, the Board in companytinuation of Finance Circular No.58/90 dated 3.10.1990 issued a memo on or about 7.10.1992 whereby and whereunder it was clarified that in the list of LDCs circulated by the Board, the names of LDCs who had been promoted as UDCs included, then those UDCs would number be given the revised scale of LDCs stating In accordance with the above instructions, a list of employees to whom scale of Junior Assistant 1500 2640 is payable w.e.f.
Respondent herein was appointed as a Steno Typist on or about 28.8.1976.
of all such employees be informed to this office.
01.01.88 to LDCs having seniority No.3121 to 3651 and my name was at serial No.270 Seniority No.3461 in this list.
After that the Board has granted scale of Rs.1640 2925 to the LDCs on companypletion of 16 years of service and LDCs junior to me are getting this scale and more salary than me.
The ratio for grant of the said promotional scale was fixed at 404020 respectively.
He was appointed on a scale of pay of Rs.110 250 which was revised to Rs.400 600 w.e.f.
There existed a companymon cadre of the Steno Typist and Lower Division Clerk.
However, they were required to make their representation within the timeframe fixed thereunder.
Appellant Board is companystituted and incorporated under the Electricity Supply Act, 1948.
Kindly remove this hardship at an early date.
1.1.1986.
REPORTABLE CIVIL APPEAL NO.
In terms of the said scheme, promotional scale was to be given to the employees upon companypletion of 9/16 years of regular service.
On the said post, he was placed on a scale of pay of Rs.1200 2200/ .
Still if any employees has been promoted to higher post UDC Stenographer Divisional Accountant, Revenue Accountant or have been appointed by direct recruitment by selection by the Board and have joined that post or the service or any employees have been terminated or have left the Board or has died but his name has been included in the list, this scale will number be given to those employees.
A scheme for grant of time bound promotion to a higher scale of pay was formulated by the Board wherefor a circular bearing No.17/90 was issued by its Finance Department on 23.4.1990.
The same was, however, implemented in respect of three categories of employees, namely, who have number been granted any promotion despite companypletion of minimum 10 years of service as LDC and Senior Clerk or five years of service as LDC and remaining of the LDCs number falling in the first two categories.
of 2008 Arising out of SLP C No.8130 of 2004 B. Sinha, J. Leave granted.
While preparing the list due care has been taken to include names of all LDCs who were posted, still if name of any LDC has number been included in the list be informed to this office along with his serial number, date of birth and date of joining the Board.
On or about 15.11.1994, the respondent filed a representation stating It is respectfully submitted that the Director Personnel PSEB Patiala Vide memo No.51385/51785/ECM 161 dated 7.10.92 granted scale of 1500 2640 w.e.f.
Now through letter under reference, the Board has decided number to grant such option to the LDC promoted as UDC after 01.01.1986 but it was decided that hardship caused to these employees will be companysidered on merits.
The factual matrix of the matter, however, would be numbericed from the case of Gurmail Singh.
These two appeals, involving similar questions of fact of law, were taken up for hearing together and are being disposed of by this companymon judgment.
He, in fact, preferred UDC as his induction post by a letter dated 8.7.1995.
