KRISHAN KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Whether a pay protection would mean protection of a scale or only a pay, which was drawn by an employee is a question raised in the present writ petition. The issue apparently appears to be uncovered, as counsel for the parties could not lay hand to any precedent in this regard. Counsel for the petitioner would maintain that pay protection once granted would mean protection of the pay scale whereas the State counsel would urge to the contrary and would submit that it is only the last pay drawn, which would be protected and the petitioner would not be entitled to the scale more than where he is absorbed.

(2.) The factual matrix noticed in brief is that the petitioner having been appointed in the year 1974 as Octroi Moharir in Municipal Committee, Farukhnagar, Gurgaon in the year was transferred to Municipal Committee, Narnaul, in the year 1987. At that time, the petitioner was drawing basic pay of Rs. 5000/- in the pay scale of Rs. 5000-7850/-. The post of Octroi Moharir was abolished on 24.12.1999. The petitioner was then absorbed as Gram Secretary with Block Development and Panchayat Officer, Narnaul (respondent No. 5). As per the terms and conditions of the appointment, the pay was ordered to be protected. The scale of pay for Gram Sachiv where the petitioner stood transferred was Rs. 3050-75-3950-EB-80-4590 with usual allowances. The appointment of the petitioner was made on following terms and conditions :-

(3.) This appointment will be subject to the decision of the Hon'ble Punjab and Haryana High Court in Civil Writ Petition No. 16376 of 1999 Devinder Kumar v. State.