STATE OF HARYANA Vs. YOGENDER PAUL

JUDGEMENT

(1.) This appeal by the State of Haryana arises out of a suit filed by the respondent, a retired employee, wherein the respondent had challenged the validity of the Memorandum dated 16/10/1986 from the Commissioner and secretary to the government of Haryana, Home Department, to the accountant General (Aande) , Haryana, regarding recovery of Rs. 29,587.95 from the respondent. The said suit of the respondent was decreed by the trial court. The decree was affirmed in appeal by the appellate court and the second appeal has also been dismissed by the High court of Punjab and haryana by the impugned judgment dated 6/7/1994.

(2.) The respondent had joined the services of the government of Haryana on 28/2/1974, as a Deputy Superintendent of Police (Wireless). On 25/7/1979, he was promoted as Superintendent of Police (Wireless). At the time of such promotion the pay scale for the post of Superintendent of Police (Wireless) was Rs. 740-1300 and Rs. 100. 00 per month was being paid as special pay. In 1980 the pay scale of the Haryana government employees was revised but the pay scale for the post of Superintendent of Police (Wireless) was not revised. The respondent represented for revision of the pay. The Inspector General of Police, Haryana, by letter dated 12/2/1981 addressed to the Financial Commissioner and secretary to the government of Haryana, Home Department, recommended that the pay scale for the post of superintendent of Police (Wireless) should be revised to Rs. 1200-50-1700. The reason given in the letter for such revision was that originally the post of Superintendent of Police (Wireless) was in the pay scale of Rs. 600-40- 100/50-1150 but with effect from 1/2/1969 it had been revised to Rs. 740-40-1100-50/2-1250-50-1300 plus special pay of Rs. 100. 00 per month on the basis of the recommendations of the Punjab Pay Commission, which were also accepted by the Haryana government, that the post of Superintendent of police (Wireless) should be on a par with that of the Superintendent of police in the Indian Police Service (Senior Scale) [for short "ips (Seniorscale) "]. It was pointed out that senior scales in the INDIAN POLICE SERVICE cadre had been revised to Rs. 1200-50-1700 with effect from 1/1/1973 and that the pay scale of Superintendent of Police (Wireless) should also be brought on a par with the senior scale of INDIAN POLICE SERVICE cadre viz. , Rs. 1200-50-1700. It was suggested that this revision be made with effect from 25/7/1979 which was the date of promotion of the respondent because till 25/7/1979 the post of superintendent of Police (Wireless) was being held by Shri S. B. K. Panikar who was on deputation from Border Security Force and the State government had accorded sanction for his personal scale of Rs. 1200-50- 1700 vide setter dated 13/9/1978. In the said letter it was also stated that the financial implication involved as a result of such revision would be Rs. 4680 in a year. The break-up of the said financial implication was given in a separate statement wherein the Additional Dearness Allowance (ADA-1 amounting to Rs. 243. 00 and Additional Dearness Allowance (ADA-11 amounting to Rs. 120. 00 were included. The said recommendation made by the inspector General of Police was accepted by the State government and, by order dated 23/7/1981, sanction of the governor of Haryana was accorded to the revision of the pay scale of Superintendent of Police (Wireless) , haryana, from Rs. 740-1300 to Rs. 1200-50-1700 with effect from 25/7/1979. In accordance with the said revision in the pay scale the respondent drew his salary as per the revised pay scale and he also drew the ADA-1 and ADA-11 till his retirement on 31/7/1985. After retirement keeping in view the last pay drawn the pension of the respondent was fixed at Rs. 959. 00 per month provisionally and the amount of gratuity was determined at Rs. 31,647. 00. Subsequently the amount of pension was reduced to Rs. 778. 00 per month and the gratuity amount was reduced to Rs. 26,400. 00. By Memorandum dated 16/10/1986 it was directed that a sum of Rs. 29,587.95 was recoverable from the respondent towards ADA-1 and ADA-11 drawn by him for the period 25/7/1979 to 31/7/1985 as well as the House Rent Allowance drawn for the period from 1/1/1980 to 30/6/1980 and 1/7/1982 to 31/7/1985 and the TA drawn for the period from 1/7/1981 to 30/6/1983. Feeling aggrieved by the said Memorandum, the respondent filed the suit which has given rise to this appeal. In the said suit the case of the appellants was that in view of the revision of the pay scale the respondent was only entitled to the revised pay scale but he was not entitled to draw ADA-1 and ADA-11. The trial court did not accept the said case of the appellants and held that in view of the fact that the pay scale of the respondent for the post of Superintendent of Police (Wireless) have been brought on a par with the pay scale of INDIAN POLICE SERVICE (Senior Scale) , ADA-1 and ADA-11 were payable to him. The said view of the trial court has been affirmed in appeal by the appellate court as well as by the High court in second appeal.

(3.) The learned counsel for the appellants has submitted that the courts below were in error in holding that the respondent was entitled to payment of ADA-1 and ADA-11. The submission is that on the revision of the pay scales in the State of Haryana with effect from 1/4/1979 the Dearness allowance that was payable earlier was merged in the revised pay scales andafter revision Deamess Allowance was not payable on the revised pay scales. We are unable to agree with this contention. The revision of the pay scale for the post of Superintendent of Police (Wireless) under order dated 23/7/1981 was not made on the basis of the revision in pay scales of the haryana government employees under the Haryana Civil Services (Revised scales of Pay) Rules, 1980 which came into force with effect from 1/4/1979. The said Rules admittedly do not include the post of Superintendent of police (Wireless). The revision of the pay scale for this post was made specially on the basis of the recommendation made by the Inspector General of Police in his letter dated 12/2/1981 to which reference has been made earlier. The basis underlying this revision in the pay scale was to bring the pay scale of Superintendent of Police (Wireless) in Haryana on a par with the pay scale of INDIAN POLICE SERVICE (Senior Scale). Since the INDIAN POLICE SERVICE officers having that scale were entitled to ADA-1 and ADA-11, it has been rightly held that the respondent was also entitled to draw the said allowances.