JUDGEMENT
J.S.Khehar, J. -
(1.) The solitary contention of the learned counsel for the
petitioners, in the instant writ petition, is that ever since the appointment of
the petitioners, through an order dated 20.4.1998, the petitioners have not
been released any annual increment whatsoever, despite the fact that work
and conduct of the petitioners, all through has been found satisfactory.
(2.) Learned counsel for the petitioners has also invited our attention to the letter
of appointment of the petitioners, one of which has been placed on the
record of this case as Annexure P-1, which reveals that the petitioners were
appointed as Medical Officers in the pay scale of Rs.2200-70-2550-75-
3000-100-4000, with an initial start of Rs.2270/-. As against the claim of
the learned counsel for petitioners, the solitary contention of the learned
counsel for the respondents is based upon the averments made in paragraph
12 of the joint written statement, filed on behalf of respondentsno.1 to 11
and 13, wherein it is stated as under :-
"That the contents of Para 12 are admitted to the
extent that Govt. has notified the pay scale of different
categories vide notification no.7-1-97-FP2/17370 dated
19-5-98 and allowing Medical Officers Fortier pay scale
4, 9 & 14 yrs. of regular services with further guide lines
issued vide letter dated 17-4-2000 (Annexure P-6), but
this Hon'ble High Court was pleased to pass following
order on 29-4-2002 in Civil Writ Petition No.6615 of
2002 titled as common cause forum v/s State of Punjab
& others relating to officer/officials during the tenure of
Sh.Ravinder Pal Singh Sidhu.
"With a view to avoid further complications,
we direct the Government of Punjab and its
functionaries not to confirm in service any
of the officers/employees appointed on the
recommendations of the Punjab Public
Service Commission during the tenure of
Sh.Ravinder Pal Singh Sidhu."
(3.) As such the services of the petitioners have not been
confirmed & are not entitled for increments before
clearing of probation periods and are not entitled for
placement in high scale."
Additionally, learned counsel for the respondents has invited
our attention to Annexure R-II, which reads as under :-
"Administrative Department is advised as under
regarding this matter.
Para-1 Administrative Departments attention is
invited towards Personnel department
instruction No.15/83/2002/2PP3/5351
dated 10.5.2002. In light of these
instructions order regarding clearing of
probation of the Officials/Officers
appointed during the tenure of Sh.Ravinder
Pal Singh Sidhu, Chairman PPSC are not
yet to be issued.
Para-2 So far as the question of reviewing the
record regarding clearing of probation is
concerned as clause of rule 7.3 of the
Punjab Civil Services (General & Common
Conditions of Services) Rule 1994 record
should be `Satisfactory' instructions for
placement in higher scale that 50% record
should be `Good' are not applicable in case
of clearing the probation.";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.