Law:

Section:

(a) Punjab Civil Servants Pay Revision Rules, 1977--- ----R. 8(3)---Civil service---Graduate Primary Teachers regularized in service ('the respondents')---Selection grade, grant of---Legality---Respondents could not show any policy of the Government which entitled the 'Graduate Primary Teachers' for the grant of 'selection grade'---They solely relied on Rule 8(3) of the Punjab Civil Servants Pay Revision Rules, 1977 and a notification---Rule 8 (3) of the Rules of 1977 provides that where, for a class of posts, apart from the ordinary pay scale, a higher pay scale has been sanctioned for a percentage of the number of said posts, then, in such an eventuality, the higher pay scale shall be admissible to the holders of the post in BS-1 to BS-16, subject to a minimum length of two years service in the ordinary pay scale of the said posts---Higher pay scale was never sanctioned for the post of 'Graduate Primary Teacher' and, therefore, Rule 8(3) was not attracted in the case of the respondents---Even the notification in question does not include the post of 'Graduate Primary Teacher' for the purposes of grant of selection grade---Government had not formulated any policy regarding the grant of selection grade for the post of 'Graduate Primary Teacher'---Tribunal, in the absence of a policy specifically covering the grant of selection grade for the post of 'Graduate Primary Teacher' was not competent to purportedly create a right in favour of the respondents---Petitions were converted into appeals and allowed, and the impugned judgment of the Tribunal was set aside. (b) Civil service--- ----Selection grade, grant of---Scope---Grant of selection grade is not an appointment against a post in the mode of promotion---Selection grade is thus not an appointment against a higher post but is meant to extend financial benefits of a higher grade---Selection grade is meant to financially compensate a civil servant who, despite serving against a particular post for a considerably long period, does not have the prospect of being promoted to a higher post---It is within the exclusive domain of the Government to consider and decide whether a civil servant is to be compensated for…

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