LAWS(SC)-2006-11-89

STATE OF HARYANA Vs. M P MOHLA

Decided On November 10, 2006
STATE OF HARYANA Appellant
V/S
M.P. MOHLA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Respondent was appointed as veterinary surgeon in the cadre of Haryana Veterinary Service (Grade - I) on or about 5.8.1965. He was promoted to the post of Assistant Director - cum - Sub-Divisional Officer on 1.6.1980. In the year, 1986, he was granted a pay scale of Rs. 2375- 3600. The State, however, implemented grant of Selection Grade Scale in the scale of Rs. 2000-3500 which was revised to Rs. 2200-4000 and Selection Grade Scale of Rs. 4100-5300 to 20% of the posts of Veterinary Surgeons who had completed 12 years of service. He was placed in the said pay scale by an order dated 20th September, 1993 with retrospective effect from 1.4.1992. In the meantime, however, an intermediary senior scale of Rs. 3000-4500 was introduced which became applicable upon completion of five years of regular service. He became entitled thereto. He was promoted to the post of Deputy Director in the pay scale of Rs. 3000-4500. On 9.4.1996 he was drawing Rs. 4500/- and Rs. 100/- for personal pay.

(3.) Haryana Civil Services (Revised Pay) Rules, 1998 (for short "the Revised Rules") came into force on 7.1.1998 in terms whereof the pay scales were revised. In terms of the said Rules, the pay scales of the posts of Deputy Director and Joint Director/ Project Director were said to have been revised from Rs. 3000-4500 and Rs. 3000-5000 to Rs. 10000-13900 and Rs. 10000-15200 respectively. Another rules known as Haryana Civil Services (Assured Career Progression) Rules, 1998 (for short "the ACP Rules") came into force with effect from 7.1.1998 in terms whereof the pay scales of Rs. 3000-4500 and Rs. 4100-5300 were revised respectively to Rs. 10000-13900 and Rs. 12000- 375-16500 with effect from 1.1.1996. In terms of ACP Rules, the pay of Respondent was fixed at Rs. 12000-16500. By a letter dated 15.4.1998, Respondent asked for grant of a certificate of performance of higher responsibility so as to enable him to claim the benefit of promotional increments in the pay scale of Rs. 12000-16500. Therein, he also cited the instances of other persons who had been granted similar benefit.