- (1.) These two appeals filed under Clause X of the Letters Patent are directed against a common judgment dated 11.05.2005 rendered by the learned Single Judge repelling the challenge of the appellants to the grant of selection grade. The appellants had claimed that under the Punjab Civil Services (Revised Scales of Pay) Rules, 1969 (for brevity, 'the 1969 Rules'), they were granted the time-scale of Rs. 200-450 and selection grade to the extent of 10% was given in the scale of Rs. 450-500. They felt aggrieved by the revision of pay scale and selection grade w.e.f. 01.01.1978 when the revision of pay scale had taken place. Under the new pay scale, 20% of the total cadre posts were given selection grade and another condition was imposed that all those who were to be given selection grade could not have less than 15 years of service. The learned Single Judge repelled the arguments holding that the selection grade cannot be claimed as a matter of right nor it can constitute a condition of service as is apparent from the following para: "The question as to whether the selection grade is a condition of service or not, depends upon either the service rules governing the service conditions and/or the terms and conditions of employment on a particular post which are laid down by the competent authority and accepted by the employee. There is nothing on record to suggest that selection grade was ever prescribed as a condition of service for Sectional Officers/Junior Engineers. On the other hand, the petitioners themselves have admitted that selection grade was granted to them to compensate due to stagnation in their career as every one of them could not expect further promotion to the post of Sub Divisional Engineer. Thus, it is the pleaded case of the petitioners themselves that selection grade came to be granted to them as a substitute for promotion. It is well settled that promotion is not a condition of service and cannot be claimed as a matter of right except that if promotional avenue is provided, the concerned employee has a right of be considered for promotion subject to his eligibility and suitably. In view of this, it is difficult to accept that by laying down certain eligibility conditions for the grant of selection grade, service conditions of the petitioners have been adversely altered."
(2.) The learned Single Judge also found that the time scale granted to the appellants was much more than what the Pay Commission has recommended. It has been noticed that the Pay Commission has recommended the pay scale of Rs. 570-1000 w.e.f. 01.01.1978, whereas the State Government increased the same to Rs. 570-1080. That the matter not ended there because the Senior Officers' Committee constituted by the State Government "for removal of anomalies" recommended a higher time scale of Rs. 700-1200 with two advance increments for those who were AMIE or possessed degree in Engineering in addition to selection grade of Rs. 800-1400 for 20% of the total posts. The recommendations made by the Senior Officers' Committee were accepted by the State Government in toto. It was not disputed before the learned Single Judge that had the recommendations of the Pay Commission been implemented, then the appellants would have got selection grade of Rs. 700-1200 only to the extent of 20% of the posts. Accordingly, learned Single Judge concluded that the appellants have been granted higher time scale than what was recommended by the expert body and proportionately selection grade has also been granted at a higher rate.
(3.) The challenge to the imposition of condition of 15 years service for earning selection grade has also been repelled as the aforesaid condition has been applied uniformly without any pick and choose policy. The mere fact was that no such condition was held to be approved subsequently because prior to 1978, selection grade was admissible to the extent of 10% of the posts whereas it was increased to 20% of the total posts in the revised pay scales granted w.e.f. 01.01.1978.;