STATE OF PUNJAB Vs. TARLOK CHAND

JUDGEMENT

(1.) Leave granted in all the special leave petitions. For the sake of clarity and convenience we shall advert to the facts in the appeal arising out of SLP(C) No. 13027 of 2011. The Respondents along with others invoked the writ jurisdiction of the High Court of Punjab and Haryana at Chandigarh in CWP No. 9909 of 2008 asserting, inter alia, that the decision taken by the State Government, Department of Irrigation, pertaining to refutation of pay of employees vide orders dated 07.01.2008 and 18.01.2008 whereby a direction was issued to the concerned Executive Engineer, to Ranjit Sagar Dam Project to refix the pay of the concerned employees in accordance with Punjab Civil Services Rules was erroneous. As per the said orders the Respondents who had availed the higher pay scale because of grant of certain special increments while they were working in the Work Charged Establishment under the project and that apart had also drawn the retrenchment increments were to be denied the said benefit as there was a wrong computation. The learned Single Judge adverted to the status of work charged employees and opined that the withdrawal of retrenchment increments was not justified. As far as grant of special increments from time to time to certain employees is concerned the writ court opined that there was no uniform policy and benefit of special increments was given on selective basis. Being of this view, the learned Single Judge directed as follows:

(2.) The aforesaid order was accepted by the State of Punjab. However, the Respondents preferred LPA No. 1161 of 2009 and the Division Bench referred to the concept of pay fixation and grant of power of the Chief Engineer to grant advance increments and eventually opined thus:

(3.) Being of this view the Division Bench allowed the appeal.