- (1.) This Judgment and Order shall govern disposal of C.A.No.3439 of 2007, C.A.No.3438 of 2007, C.A. No. 3418 of 2007 and C.A. No.3440 of 2007 as they project common question of law to be answered by this Court. Precisely, we are required to consider whether in the light of the Order/Circular issued by the appellant- Bhakra Beas Management Board (hereinafter shall be called as 'Board'), respondent No.1 - employee would be entitled to the benefit of higher scale of pay/upgradation/stepping up of salary sans pre- requisite qualification for the grant of the same.
(2.) For the sake of convenience, facts appearing in Civil Appeal No.3439 of 2007 are being taken into consideration. Respondent No.1, Krishan Kumar Vij had initially joined the services of the State of Punjab, Department of Irrigation as Tracer in 1949. He was thereafter promoted as a Draftsman in the year 1950. He was further promoted as Divisional Head Draftsman, some time in the year 1962. Thereafter, he was transferred in the services of the Board. There also, he earned promotion as Circle Head Draftsman and then as the Assistant Design Engineer. Regular promotion to respondent No.1 on the post of Asstt. Design Engineer in Punjab Service of Engineers (II) was granted with retrospective effect from 1.6.1976. Finally, on attaining the age of superannuation, he retired from service on 31.1.1987. Even though, respondent no.1 had earned several promotions, while in service, he still complained of stagnation in service as he was not able to earn further promotion. This was the cause for triggering off the instant litigation.
(3.) Brief history giving rise to this litigation is as under :-;