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2002 Supreme(SC) 661

BRIJESH KUMAR, D.P.MOHAPATRA
State Of Punjab – Appellant
Versus
Kuldip Singh – Respondent


JUDGMENT

D.P. Mohapatra, J.-Leave is granted.

2. This appeal filed by the State of Punjab, through the Secretary in the P.W.D. (B&R) Mini Secretariat and the Chief Engineer, P.W.D. (B & R) Branch, is directed against the judgment/order dated 25.3.1998 of the High Court of Punjab and Haryana allowing Civil Writ Petition No. 15263 of 1997 filed by the respondents herein. The controversy raised in the case relates to the date from which the respondents are entitled to get Selection Grade Pay as Sub Divisional Engineers in the Public Works Department of the State; whether it is with effect from 1.1.1978 when Shri Devender Singh Sekhon, a Sub Divisional Engineer junior to them got the Selection Grade Pay or from the date when the respondents completed 15 years of service in the cadre. In the judgment under challenge the High Court took the view that since Shri A.S. Mann and Shri Devender Singh Sekhon who are juniors to the respondents were granted Selection Grade Pay from 1st January, 1978 the respondents being senior to them and if they are within the 20% posts of the cadre of Sub Divisional Engineers then there was no reason why they should not be granted Selection Grade Pay with effec










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