BALWANT SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The appellant has filed the instant appeal under Clause X of the Letters Patent challenging the judgment dated 08.07.2009 rendered by the learned Single Judge holding that the appellant was not entitled to the pay scale of Rs. 950-1400, which were given to the Store Keeper a post held by the appellant. The learned Single Judge has upheld the grant pay scale of Rs. 750-950 at the time of his regularisation in 1994. The appellant has been non-suited on the ground that the cause of action if any, arose to him in the year 1994 and for the first time, he approached this Court in the year 2001 by filing C.W.P. No. 18730 of 2001. In that petition respondent had filed a written statement conceding that the appellant has been engaged on muster rolls/ daily wages w.e.f. 01.01.1976 and his services were regularised as per Government instructions w.e.f. 01.04.1993 in Category 'D'. His writ petition was disposed of being pre-mature because his representation was pending before the competent authority and the same had not been decided at that stage. Accordingly, the appellant did not press his writ petition in view of the assertion made in the written statement and it was disposed of vide order dated 17.09.2002 (Annexure P9). The order dated 17.09.2002 reads as under:

(2.) The representation of the appellant, thereafter has been rejected on 22.02.2008 (Annexure R2) and the learned Single Judge has non-suited the appellant on the ground that the writ petition having been filed in 2007 suffers from delay and laches. The order 22.02.2008 makes an interesting reading and the ground for rejection is intriguing, which reads thus:

(3.) Mr. Deepak Sonak, learned counsel for the appellant has argued that the learned Single Judge could not have non-suited the appellant on the ground that there was delay, especially when the appellant had approached the Court earlier and he cannot be said to have select over his rights. According to the learned counsel, at the best, the relief could have moulded by confining it to a limited period after allow him the relief of fixation. Learned counsel for the appellant has also placed reliance on the draft concerning the post of a Store Keeper. There it has been shown in Appendix-A(3) in the pay scale of Rs. 5200-20200 plus G.P. 1900. Another argument advanced by the learned counsel for the appellant is that some employees working as Painter Grade-II have filed C.W.P. No. 8514 of 1995 who were also regularised along with the appellant w.e.f. 01.04.1993 in the pay scale of Rs. 750-940 and they had claimed the pay scale of Rs. 950-1400 like the appellant. The writ petition was allowed on 14.03.1996 (Annexuer P5) and SLP filed by the respondent-State of Haryana was dismissed.