T.K. BASU Vs. STATE OF HARYANA

JUDGEMENT

(1.) (Oral) - This petition was originally filed by Mr. T.K. Basu. He having passed away during the pendency of this petition, Smt. Prativa Basu, the widow, has been impleaded as the petitioner.

(2.) Mr. T.K. Basu (hereinafter referred to as the petitioner) had joined service as an Assistant Agricultural Engineer (Plant Protection) in the Punjab Agricultural Service-II, on Oct. 29, 1965. The post was in the scale of Rs. 250-750. With effect from Feb. 1, 1969 the pay-scale was revised to Rs. 350-25-500-EB-30-590-30-830-35-900. The petitioner's pay was fixed in the revised scale. However, he was not permitted to cross the Efficiency Bar at the stage of Rs. 500.00 when it had fallen due on Feb. 24, 1969. The case was periodically examined. Ultimately, on Feb. 27, 1989, the Director of Agriculture passed an order permitting the petitioner to cross the Efficiency Bar with effect from Nov. 23, 1986. A copy of this order has been produced as Annexure P14 with the writ petition. On Aug. 23, 1990 the petitioner was even promoted to the post of Agricultural Engineer. He retired on Jan. 31, 1993.

(3.) After his retirement the petitioner approached this Court through the present writ petition in Aug. 1993. He primarily claimed that with the passing of the order dated Feb. 27, 1989, all the increments from Feb. 1969 to Nov. 1986 had to be given to him. In a nutshell, the argument was that once the petitioner was allowed to cross the Efficiency Bar, the release of increments even for the period during which he was not found suitable for being allowed to cross the Efficiency Bar, was automatic.