Judgment:
Rajiv Sharma, J.
1. The petitioner joined as Clerk in the Public Relations Department on 15.12.1956. He was promoted to the post of Accountant-cum-Store Keeper on 14.9.1962. The Accountants/Assistants/Account-ant-cum-Store Keepers were in the same pay scale and their seniority was joint. The respondent-State introduced selection grade for Assistants and Senior Scale Stenographers on 17.11.1976. It was clarified on 18.12.1976 that if the posts of Head Clerks/Senior Clerks/Cashiers/Accountants/Store Keepers are borne out on the common cadre and inter-changeable selection grade would be permissible as per memorandum dated 17.11.1976. The principles and procedure for the grant of selection grade were laid down by the Government on 1.3.1977. Since the petitioner had completed ten years of service as Accountant-cum-Store Keeper, he made a representation for release of selection grade. His representation was rejected by the Director on 22.6.1989. It appears from the records that the petitioner made further representation which was rejected by the respondent on 9.9.1991.
2. Mr. D.P. Gupta has drawn the attention of the Court to Annexures A-l, A-2 and A-3. His precise case is that the posts of Head Clerks/Senior Clerks/Cashiers/Accountants/Store Keepers were in the same scale of Rs. 160-400 and Rs. 225-500. His further contention is that these posts were equal status posts and were inter-changeable. According to him, joint seniority list was maintained for these categories. He lastly contended that since his client has completed ten years' service, he was entitled for selection grade.
3. The learned Senior Additional Advocate General submits that the post of Accountant-cum-Store Keeper was isolated vide office order dated 6.10.1975 and separate seniority list of this category was maintained vide Annexure R-5 dated 26.6.1978. He then contended that the post of Accountant-cum-Store Keeper was not inter-changeable and thus, the petitioner could not be granted selection grade on the basis of Annexure A-2 dated 18.12.1976.
I have heard the parties and have perused the records carefully.
4. The petitioner was promoted to the post of Accountant-cum-Store Keeper on 14.9.1962. The posts of Accountant/Assistant/Accountant-cum-Store Keeper were in the same pay scale and common seniority list was maintained. It was only in the year 1975 that the decision has been taken to isolate the post of Accountant-cum-Store Keeper. Seniority list was issued separately for this post vide Annexure R-5 on 26.6.1978. The minimum service required for the release of selection grade as per Annexure A-3 dated 1.3.1977 is ten years. The petitioner had completed ten years of service as Accountant-cum-Store Keeper in the year 1972. He was entitled to selection grade on the basis of office memorandum dated 1.3.1977. However, the learned Senior Additional Advocate General has drawn the attention of the Court to Annexure A-2 dated 18.12.1976 whereby it is stipulated that the post should be borne on common cadre and should be inter-changeable with the posts of selection grade specifically sanctioned.
5. Mr. D.P. Gupta has drawn the attention of the Court to Annexures A-10 and A-11 dated 2.7.1976 and 8.9.1978. It is evident from these two annexures that the post in question was inter-changeable despite the issuance of office order dated 6.10.1975. The petitioner vide office order dated 2.7.1976 was ordered to take over the charge of Assistant from Shri Jeet Ram, Assistant (Budget). Similarly, the petitioner had been maintaining the confidential reports of DPROs, correspondence regarding Press entertainment, Annual Administrative Report, correspondence regarding Press Commission etc. as per Annexure A-11. It is also not disputed by the learned Senior Additional Advocate General that the pay scale of equal status posts in the department of Public Relations, Punjab was revised from Rs. 225-500 to Rs. 600-1120 with effect from 11.1.1978. The petitioner had completed ten years' service, as observed hereinabeve, and his post was still inter-changeable as per Annexures A-10 and A-11. In these circumstances, he is held entitled to the selection grade.
6. Accordingly, the writ petition is allowed. The respondents are directed to grant the selection grade to the petitioner from the date it has been granted to the Assistants/Accountants within a period of eight weeks from today. The petitioner is held entitled to interest at the rate of nine per cent per annum. No costs.