J.M. Tandon, J. - (1.) This order will dispose of Letters Patent Appeal No. 293 of 1978 and Cross Objections No. 17 of 1978 (in Letters Patent Appeal No. 293 of 1978).
(2.) Krishan Lal Kohli, respondent in Letters Patent Appeal No. 293 of 1978 and petitioner in Cross Objections No. 17 of 1978, was appointed as Superintendent, Government Development and Testing Centre for Sound Products (Class I Officer in the Industries Department, Punjab) on Oct. 25, 1962 in the pay scale of Rs. 50U - 25 - 600/40 - 800/50 - 1.000 He was later on confirmed in the said post. On June 18, 1968, the State Government issued a memo to the Director of Industries, whereby the designation of the post held by Krishan Lal Kohli was changed to Senior Technical Officer in the pay scale of Rs 625 - 1,275. The pay scale of this post was allegedly revised with affect from June 18, 1968 It was not, however, avowed to him with the result that he filed Civil Writ Petition No. 2497 of 1969 praying that he may be ordered to be given the revised scale of Rs. 625 - 1,275 with effect from June 18, 1968 along with consequential relief The Writ was contested by the State of Punjab. The learned Single judge, vide order dated April 7, 1978 held that the scale of pay held by Krishan Lal Kohli was revised with effect from Jan. 14, 1969 and as such he was entitled to it with effect from that date. The Writ wag consequently accepted and the concerned authorities ware directed to grant Krishan Lal Kohli revised scale of pay of Rs 625 - 1,275 with effect from Jan. 14, 1909 along with consequential relief It is against this Order that Letters Patent Appeal No 29J of 19 8 has been filed by the State of Punjab and Cross - Objections No 17 of 1978 by Krishan Lal Kohli.
(3.) The learned counsel for the State of Punjab has argued that the scale of pay of post held by Krishan Lal Kohli was revised to Rs 625-1,275, vide sanction issued by the Government with effect from July 16, 1970 and not with effect from Jan. 14, 1969 We see no force in this contention the learned Single Judge has found as a fact that the scheme mentioned in the memo of the Government dated June 18, 1965 including revision of the scale of pay of the post held by Krishan Lal Kohli to 625-1,275 was implemented with effect from Jan. 14, 1969 after the Legislature had voted the expenditure involved therein. Apart from the fact that the finding on this point recorded by the learned Single Judge is correct the same cannot be challenged in this Letters Patent Appeal.;