BALWAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners who have been working on the various posts like Senior Accountant, Junior Accountant, Clerk, Peon etc. in the Panipat Central Cooperative Bank Ltd. have approached this Court with a prayer to quash a part of the order dated 24.8.2009 (P.4) issued by the Registrar, Cooperative Societies, Haryana. THE impugned part of the order states that the new pay scales be given to the employees w.e.f. 1.1.2006 but no arrears would be admissible to them. In other words, the petitioners have been held entitled to the revised pay scales with the benefit of notional fixation of pay but the arrears before the issuance of notification dated 24.8.2009 (P.4) are not payable. THE aforesaid provision which is subject matter of challenge reads as under: It is directed that new pay scales be given w.e.f. 1.1.2006, and no arrears shall be paid keeping in view the fragile financial positions of these banks. THE Banks shall meet the additional expenditure by mobilizing additional resources at their own level.

(2.) MR. R.K.Malik, learned counsel for the petitioner has argued that financial stringency is no ground to deny the arrears and in that regard he has placed reliance on the observations made by Hon'ble the Supreme Court in the case of Haryana State Minor Irrigation Tubewell Corporation and others v. G.S.Uppal and others (CA No. 9244, 9239 and 9248 of 2003 decided on 16.4.2008 (P.5).

(3.) THEIR Lordship of Hon'ble the Supreme Court emphasized that if a policy decision is taken by taking into account financial constraints and limited means available by requiring the ex-servicemen to make one time payment, then it cannot be said that such action would violate the fundamental rights or result in discrimination vis.a.vis the in-service defence personnel.