ISHWAR CHAND WALIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) ISHWAR Chand Walia, hereinafter described as "the petitioner", seeks quashing of the order dated 11.3.1997 purported to have been passed by the Director, Secondary Education, Haryana, respondent No. 2 and for a direction that he should be granted the pay which has been paid to the juniors in accordance with Note 6 of Rule 7 of the Haryana Civil Services (Revised Pay) Rules, 1987.

(2.) THE relevant facts are that the petitioner joined as S.S. Master on 31.8.1970. Laxmi Chand, respondent No. 4, joined his service on 16.9.1972. The basic pay of the petitioner before 1.4.1979 was Rs. 292/ - and that of Laxmi Chand was Rs. 276/ -, On revision of the pay -scales on 1.4,1979, the petitioner was granted basic pay of Rs. 730/ - while Laxmi Chand was granted Rs. 700/ -. Thereafter, the basic pay of the petitioner was Rs. 2050/ - and that of Laxmi Chand was also Rs. 2050/ -

(3.) IN the written statement that was filed, the petition as such has been contested. It is admitted that the petitioner and Laxmi Chand were getting the same basic salary on 1.4.1979 and 1.4.1987 respectively . It is not in controversy that the petitioner is senior to Laxmi Chand. The petitioner was promoted on 2,2.1993 and Laxmi Chand was promoted on 20.5.1995. Respondent No. 1 Laxmi Chand was granted the higher standard pay scale from 1.1.1994. Thus, respondent No. 4 was receiving more pay than the petitioner. The petitioner could not be granted the benefit of higher standard pay scale because he had been promoted on 2.2.1993.