STATE OF HARYANA Vs. R K AGGARWAL

JUDGEMENT

(1.) Leave granted.

(2.) Prior to 7th of December, 1990 the respondent was holding the post of Superintending Engineer in the Public Work (B and R) Department of the State of Haryana. By order dated 7th of December, 1990 he was given the current duty charge as Chief Engineer (Roads) in his own pay-scale of Superintending Engineer. The order of 7th of December, 1990 in the "remarks" column states against the name of the respondent, "(1) Vice Shri A. N. Sehgal transferred; (2) in his own pay-scale of SE". The respondent was given promotion as Chief Engineer with effect from 8th of November, 1994 and was thereupon given the pay-scale of a Chief Engineer. The order of 8th of November, 1994 issued by the Haryana Government Public Works (B and R) Department, inter alia, states, "In pursuance of the directions of the Supreme Court of India, the Governor of Haryana is pleased to grant the pay-scale of Rs. 5900-6700 of the post of Chief Engineer with effect from 1-11-1994 to Shri R. K. Aggarwal holding the acting charge of the post of Chief Engineer (National Highways); (2) The above pay-scale is granted subject to the final outcome of the representations received from various officers with regard to the seniority circulated vide order No. 13-70-BandR (E)-2-90 dated 7-4-1992 required to be disposed of as per the directions of Supreme Court of India." This order clearly states that prior to 1st November, 1994 the respondent was holding acting charge of the post of Chief Engineer. There was litigation which was pending with regard to the inter-se seniority of various concerned officers. In pursuance of the directions given in that litigation by this court, substantive appointment to the post of Chief Engineer was given to the respondent with effect from 1st November, 1994. But this was made subject to the final outcome of the various representations which had been received from officers with regard to their inter-se seniority. By another order dated 8th of November, 1994 issued by the Haryana Government, Public Works (B and R) Department, the respondent was given the current duty charge of the post of Engineer-in-Chief in addition to his present duties. The order of 8th of November, 1994 expressly sets out that the current duty charge given to the respondent as Engineer-in-Chief was in addition to his present duties. Thereupon another order of 20th of December, 1994 was issued effecting various postings/transfers of various officers. This order, inter alia, sets out that one Shri K. B. Lal Singal was posted as Chief Engineer (National Highways) relieving Shri R. K. Aggarwal i.e. the respondent of his duties as Chief Engineer (National Highways). Note 2 sets out that Shri R. K. Aggarwal will continue to look after the work of Engineer-in-Chief, PWD (B and R), Haryana, in his own pay-scale of Chief Engineer. Once again this was done on account of pending litigation with regard to inter-se seniority of the various concerned officers. The respondent was ultimately given promotion to the post of Engineer-in-Chief in the pay-scale of Rs. 7300-7600 under an order of 16th of April, 1995.

(3.) After his retirement the respondent in 1996 filed Writ Petition No. 1156 of 1996 before the High Court of Punjab and Haryana claiming, inter alia, that for the period 10-12-1990 to 31-10-1994 he should be given the pay-scale of a Chief Engineer and that for the period 8-11-1994 to 15-4-1995 he should be given the pay-scale of Engineer-in-Chief. He further prayed that his retirement benefits should also be calculated on that basis. This claim of the respondent has been upheld by the High Court although the relief for payment of arrears is restricted to a period of 38 months from the date of the filing of the writ petition. The present appeal is filed from this judgment and order of the High Court.