Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(SC) 261

2009(2) Supreme 232
SUPREME COURT OF INDIA
B.N. Agrawal and G.S. Singhvi, JJ.
Punjab State Electricity Board and others — Appellants
versus
Jagjiwan Ram and others — Respondents
Civil Appeal No. 890 of 2009
(Arising out of S.L.P. (C) No.22843 of 2005)
With
Civil Appeal No.891 of 2009
(Arising out of S.L.P. (C) No. 22989 of 2005)
Decided on : 12-02-2009

Advocates appeared:
For the Appellants :Satinder S. Gulati, Ms. Kamaldeep Gulati, Dr. Kailash Chand, J.S. Puri and Yash Pal Dhingra, Advocates.
For the Respondents:Surjit Singh, Sr. Adv., R.K. Talwar, Sanjay K. Hadala, S.L. Aneja, K.L. Taneja, Ms. S. Janani, Deepak Goel, K.G. Bhagat, Ms. Manju Bhagat, Vineet Bhagat, Manohar Bakshi, Kasturi Lal and Debasis Misra, Advocates.

IMPORTANT POINT
The service of a temporary, adhoc or work charged employee cannot be counted for extending the benefit of time bound promotional scales or promotional increments.

Headnote:(a)Service Law – Work charged employees – Status – Work charged employees constitute a distinct class and they cannot be equated with any other category or class of employees, much less regular employees – Work charged employees are not entitled to the service benefits which are admissible to regular employees under the relevant rules or policy framed by the employer. (Para 10)
       (1979) 4 SCC 440; (1997) 2 SCC 517 – Relied upon.
       (b)Service Law – Ad hoc employees – Status – Even those appointed on ad hoc basis cannot claim parity with regular employees in the matter of pay fixation, grant of higher scales of pay, promotion etc. (Para 11)
       (2000) 8 SCC 4; (2002) 10 SCC 674; (2003) 11 SCC 732 – Relied upon.
       Civil Appeal Nos. 5740-5741/1997 – Distinguished.
       (c)Service Law – Work charged employees – Status – Service rendered by an employee after regular appointment could only be counted for computation of 9/16/23 years service – The service of a temporary, adhoc or work charged employee cannot be counted for extending the benefit of time bound promotional scales or promotional increments. (Para 13)
       Facts of the case :
       1.With a view to give relief to the employees who were stagnating in particular positions for a long period of time, the Punjab State Electricity Board introduced a scheme for giving time bound promotional scales/increments on completion of 9/16/23 years of regular service. The same was circulated vide office order dated 23rd April, 1990
       2.The respondents, who were engaged as work charged employees in the service of the Board between 18.11.1971 and 23.10.1993 and were appointed on regular basis on different dates between 7.11.1979 and 26.5.1999, filed writ petitions for issue of a direction to the Board and its officers to count their work charged service for the purpose of grant of time bound promotional scales/promotional increments from the date of completion of 9/16/23 years service.
       3.The Division Bench of the High Court did not advert to the rival pleadings and contentions but granted relief to the writ petitioners by simply relying upon order dated 31.10.2000 passed in Civil Appeal Nos. 5740-5741/1997, State of Haryana and ors. v. Ravinder Kumar & ors.
       Finding of the Court :
       The service of a temporary, adhoc or work charged employee cannot be counted for extending the benefit of time bound promotional scales or promotional increments.
       Result : Appeal dismissed.

JUDGMENT

G.S. Singhvi, J. —

1. Leave granted.

2. With a view to give relief to the employees who were stagnating in particular positions for a long period of time, the Punjab State Electricity Board [for short, “the Board”] introduced a scheme for giving time bound promotional scales/increments on completion of 9/16/23 years of regular service. The same was circulated vide office order dated 23rd April, 1990, the relevant portions of which are extracted below:-

“In continuation consolidation and supersession of instructions contained in this office order No.174/PRC/Fin-1988 dated 17.07.1989, Memo No.11163/11863/PRC/Fin-I/1988/L-VI/(Prop) dated 19.1.1990 and O/o No.194/PRC/Fin-1988, dated 30.03.1990.

The Punjab State Electricity Board have been seized of the problems of stagnation prevailing amongst the various cadres of regular employees and its consequent effect on their efficiency, is felt that an employee should, under ideal service conditions get normally two promotions from his initial recruitment level during his service. However, this is not always possible owing to non-availability of promotional posts. The aspiration of the employees, can, however be met to a great extent by allowing time bound higher scales to the employees at two stages in their service career. The Punjab State Electricity Board has therefore, decided to introduce a scheme to allow time bound benefit of promotional scales after the completion of 9/16 years of regular service in the PSEB, provided the maximum benefit on being placed in the time bound promotional scale does not exceed five increments including promotional increment(s) to the subordinate employee having a maximum scale upto Rs.3500/- except the categories where the benefit of time bound placement to higher scale is applicable on the Punjab Govt. pattern as in the case of teachers etc. When the benefit so exceeds five increments, the time bound promotional scale will be so revised that the minimum benefit on being placed in the time bound promotional scale is five increments including promotional increment(s). It is clarified that in devising the scale, the case of a direct recruit will be taken, who presumably enters service on minimum of the scale on 1.1.1986. A promotee employee will be fixed at the minimum of this promotional revised time bound scale and in case he has already crossed the minimum of time bound promotional scale or revised higher time bound scale, as the case may be, his pay will be fixed as if he has been promoted in the ordinary course i.e., by allowing promotional increment(s). Likewise a direct recruit on completion of nine years regular service will draw minimum of the promotional time bound revised scale irrespective of difference of more than five increments between the pay drawn by him on completion of 9 years service and the minimum of this promotional revised time bound scale and in the event of his pay having already crossed the minimum of this promotional revised time bound scale or promotional time bound scale, as the case may be, his pay will be fixed as he has promoted in the ordinary course i.e. by allowing promotional increment(s).

The scheme to allow ‘Time Bound benefit of Promotional Scale’ will take effect from 1.1.1986. However, the payment of arrears would be spread over to two years i.e. arrears from 1.1.1986 to 28.2.89 and 1989-90 would be paid in 1990-91 and 1991-92, respectively.

Features of the Scheme:-

1. The benefit of first time bound placement into promotional/revised promotional scale, as determined and notified on the basis of principles enunciated above, would become available to an employee on completion of 9 (Nine) years of regular service on a post and the second time bound Promotional/Revised Promotional Scale would become available after completion of 16 (sixteen) years of service. If an employee gets normal promotion to the next higher post before completion of 9 years service from the date of direct recruitment then he will no

Click Here to Read the rest of this document

2009 Supreme(SC) 261

IMPORTANT POINT The service of a temporary, adhoc or work charged employee cannot be counted for extending the benefit of time bound promotional scales or promotional increments.

Cases Referred (4)

IMPORTANT POINT
The service of a temporary, adhoc or work charged employee cannot be counted for extending the benefit of time bound promotional scales or promotional increments.