- (1.) PETITIONER O. P. Bhagat, Joint Provincial Transport Controller, Punjab, has invoked the writ jurisdiction of this Court for the issuance of a writ of mandamus directing the State of Punjab through the Secretary to Government, Punjab, Department of Transport, to consider the petitioner for regular appointment as Joint Provincial Transport Controller, from the date be has been performing the duties of the said post and to grant to him the salary of the higher posts of Deputy Director, State Transport, as well as Joint Provincial Transport Controller, alongwith other consequential benefits by way of grant of increments and crossing of Efficiency Bar etc.
(2.) THE petitioner was appointed as General Manager, Punjab Transport Department, with effect from 18th August, 1972, and was governed by the Punjab Transport Department (State Service Class II) Rules, 1963. According to Rule 10 of the aforesaid Rules, the maximum period of probation, including extensions, if any, was prescribed as three years. On 26th July, 1979, the petitioner was appointed as Deputy Director, State Transport, Punjab, and in that capacity he continued upto 26th May, 1981, when he was transferred as Joint Provincial Transport Controller. The petitioner worked in that capacity and discharged the duties of the post of Joint Provincial Transport Controller upto 9th April, 1987, during which period he was allowed to cross the Efficiency Bar at the stage of Rs. 1,200/- with effect from 1-1-1981 and at the stage of Rs. 1,400/- with effect from 1. 1. 1985, vide orders dated 9th September, 1985, passed by the President of India, and 20th February, 1986, passed by the Governor of Punjab, respectively. He also made representations for the regularisation of his services on the post of Joint Provincial Transport Controller, but no order whatsoever was passed thereon Since the petitioner was due to retire on 31st October, 1989, without waiting further, he filed the present writ petition on 9th April, 1987, for consideration of his case for regular appointment as Joint Provincial Transport Controller and for the grant of salary of the posts of Deputy Director, State Transport, and Joint Provincial Transport Controller for the period he actually held those posts and discharged their duties.
(3.) IN reply to the writ petition, the respondent have pleaded that the petitioner was merely ordered to discharge the duties of the post of Deputy Director, State Transport, Punjab, and was never appointed as Deputy Director, State Transport, in regular capacity. Since according to the respondents, it was not a promotion order of the petitioner, he was not entitled to claim the benefit of pay, etc for having worked as Joint Provincial Transport Controller, Punjab, as well.;