SAHIB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellants in these two appeals were working as Turner and Electrician respectively in the office of Executive Engineer, Satluj Yamuna Link Project, Irrigation Department of the Government of Haryana. In the year 1997, the pay scale applied to them was Rs.950.001500. The appellants gave representations to the department for revision of pay scales from Rs.950.001500 to Rs.1200.002040 on the ground that turners and electricians in the Transport Department and other departments of the State Government had been extended the benefit of pay scale of Rs.1200.002040. After considering their representations, the Executive Engineer, by office order dtd. 22/4/1997, informed the appellants that their pay was refixed in the higher pay scale of Rs.1200.002040, subject to verification by the Accounts Officer. In pursuance of it, the appellants were paid the refixed salary in the increased pay scale with effect from April 1997.

(2.) When the matter was referred to the Accounts Officer, he pointed out that the Executive Engineer had no authority to extend the benefit of higher pay scale to the apellants. Consequently, the Executive Engineer, by order dtd. 12/12/2000, withdrew the higher pay scale and directed recovery of the excess salary paid. As the said order was passed without issuing a show-cause notice, subsequently a show-cause notice dtd. 16/1/2001 was issued to the appellants. The said show-cause notice gave the reason for withdrawal. It stated that the functions of turners, fitters and electricians in the Transport Department were different from the functions of turners, fitters and electricians in the Irrigation Department and, therefore, the pay scales applicable to turners, fitters and electricians in the Transport Department could not be extended to the appellants.

(3.) Feeling aggrieved, the appellants approached the Punjab and Haryana High Court. Their writ petitions were rejected by the High Court by orders dtd. 17/5/2001. The said orders are under challenge.