- (1.) Prayer in the present petition is to quash the orders dated 07.07.2010 and 30.08.2010 by which benefit of second time bound higher pay scale granted to the petitioner after completion of 16 years of service and third time bound higher pay scale after completion of 23 years of service were withdrawn by respondent No. 2. The petitioner also seeks quashing of impugned order dated 04.02.2011 vide which recovery of Rs. 16,870/- has been ordered by respondent No. 2 on the basis of impugned order dated 30.08.2010. Briefly, the facts of the present case are that the petitioner is working as Upper Division Clerk (U.D.C.) under respondent No. 2. Initially he was appointed as Lower Division Clerk (L.D.C.). To give effect to the recommendations of the third Punjab Pay Commission, respondent No. 1 introduced three tier pay scales for various categories of posts. Accordingly, the petitioner as L.D.C. was granted second time bound higher pay scale after completion of 16 years of service w.e.f. 11.01.1999 and third time bound higher pay scale after completion of 23 years of service w.e.f. 11.01.2006. Subsequently, the petitioner was offered promotion to the post of Circle Assistant vide order No. 25 dated 11.10.2010 issued by respondent No. 1, which was foregone by the petitioner. Respondent No. 1 accepted his request and ordered that the benefit of time bound higher pay scales granted to the petitioner shall be liable to be withdrawn with effect from the date he had foregone the promotion. These are the orders under challenge before this Court.
(2.) Learned counsel for the petitioner submitted that the petitioner was given benefit of time bound higher pay scales according to the instructions dated 23.04.1990 and in the said instructions, there is no condition for withdrawing these benefits in case promotion is subsequently offered and is not availed of. The benefit of time bound higher pay scales already granted before foregoing the promotion cannot be withdrawn. He relied upon the judgment of this Hon'ble Court in CWP No. 2587 of 2009 decided on 12,08.2010 titled as Rattan Chand v. PSEB and others in which this Court held that the time bound higher pay scales of proficiency step up granted before foregoing the promotion cannot be withdrawn due to foregoing of promotion subsequently.
(3.) On the other hand, learned counsel for the respondents submitted that vide letter dated 22.10.1993 it was made clear that if an employee foregoes promotion, he will not be entitled to the grant of time bound higher pay scales. As the petitioner had foregone his promotion, thus benefit of time bound higher pay scales granted to the petitioner is liable to be withdrawn.;