B.S. Dhillon, G.C. Mittal, J. - (1.)
(2.) The petitioners in this petition are employees of the Co-operative Department in Punjab. They have challenged the order of the State Government by which the Government decided to upgrade the head offices from 'B' to 'A' class with immediate effect Copy of this order dated Feb. 23, 1977 is Annexure P-5 with the petition. In view of this decision, the Department gave the revised scales to the persons mentioned in the order copy of which is Annexure P-1 with the petition. The grievance of the petitioners is that under the Rules which were applicable to the service, the petitioners and the persons who have given the higher grades are from the same cadre, and that the State Government could not give higher pay scales to the persons working in the head offices merely because they were working in the head offices at a particular point of time when the decision was J taken. On the other hand, Mr. Boparai, learned Deputy Advocate g General, contends that certain posts which were in the head offices were upgraded in the sense that higher scales were provided as regards those g posts and all eligible persons, who could man those posts in accordance with the prevalent rules were considered for manning the said posts End t after closer scrutiny and keeping in view the principle of merit-cum-seniority the said posts were filled in. However, we find that except the vague averments in the written statement, the detailed facts in this regard have not been mentioned in the written statement. The learned Deputy Advocate General undertakes to file an additional affidavit, giving in details as regards the number of posts upgraded in the head offices of various categories and seniority and other entitlement, and the manner in which those poets were filled in by the Department, with a view to demonstrate that all eligible persons were considered for the higher grades for putting up in the head offices and only persons having merit-cum-seniority were appointed to man the said posts his additional affidavit may be filed on or before May 9, 1980, with an advance copy to the learned counsel for the petitioners who may file a counter-affidavit by May 13, 1980, with an advance copy to the learned counsel for the State. Adjourned to May 14, 1980.
(3.) JUDGEMENT of B.S. Dhillon and M.R. Sharma, JJ. [19.7.1980];