- (1.) This petition seeks quashing of order dated 16.9.2003, Annexure P.5, rejecting claim of the employees represented by the petitioner Union for counting workcharge service for the purpose of granting proficiency step up on completion of 8/18 years of service.
(2.) Case of the petitioner is that it is a Union of employees. The employees initially joined on work charge basis but their services were later regularised. The Third Pay Commission recommended proficiency step up, which recommendation was accepted and instructions dated 1.12.1988, Annexure P.2 were issued by the State of Punjab to the effect that one additional increment will be paid on completion of 8 and 18 years of service in the form of proficiency step up to all employees. For the said purpose, work and conduct of the employees will be assessed by the same procedure as applied to promotion and if the employee was found suitable, the increment will be given. For this purpose, entire service in time scale, Senior Scale and Selection scale shall be counted Vide letter dated 1.9.1989, Annexure P.3, it was clarified that the period of 8/18 years is to be reckoned from the date of appointment on regular basis and service rendered on ad hoc basis is not to be counted for the purpose.
(3.) The members of the petitioner - Union filed CWP No. 10621 of 2003 with a prayer for counting work charge service as regular service and vide order dated 15.7.2003, the writ petition was disposed of with a direction to decide legal notice of the petitioner by speaking order. Accordingly, vide order dated 16.9.2003, Annexure P.5, legal notice of the employees was decided and prayer was declined on the basis of instructions dated 29.10.1991, Annexure P. 6 to the effect that work charge service could not be counted as regular service, in view of earlier instructions dated 1.9.1989, Annexure P. 3.;