Mahil Singh v. State Of Punjab And ORS
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5. In view of the above it has been decided that;- (i) An employee who has previously held substantively or officiated in the same post, or a permanent or temporary post on the same time scale or a post having identical three/four times pay scales or in which time bound placement / grant or higher pay are provided as in the new post, in a Government department or a body incorporated or not which is wholly or substantially owned by the Government), shall in addition to the protection of pay actually drawn in the corresponding scale as per provisions of Rule 4.4(b) of Punjab Civil Services Rules, Vol.-1, Part-I
count his previous service for the purpose of time bound promotion/grant of higher scale in the new post/ service. This protection will be as a measure personal to him. He shall not be entitled to benefit of this time bound promotion towards seniority and shall be placed lower to those already higher up in the seniority list.
(ii) Where an employee is already getting senior/higher pay scale or earns a senior/higher pay scale in the previous service where a percentage of senior higher scale is prescribed after he has joined the new postservice; pay an fixed in the senior higher scale in the old service shall also be protected as a measure personal to him in the initial scale of the new post and he shall be placed in the senior scale when his turn comes for the same in the normal course. An employee shall not be entitled to take benefit of this protection towards seniority nor any official senior to him shall have any claim for re- fixation of pay on the basis of protection allowed as above.
(iii) These instructions shall not apply in case of employees of various Public Sector Undertaking who are offered employment in the Government on compassionate grounds on being declared surplus or otherwise. They should be deemed to be joining service under the Government for the first time as at present.
(iv) These instructions will come into effect immediately. The cases decided on or after 15.12.98 may be reviewed in consultation with the Finance Department in order to ensure uniformity."
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