SHER SINGH Vs. STATE OF HARYANA AND ANR

JUDGEMENT

(1.) The dispute in the present Regular Second Appeal relates to re-fixation of the pay scale of the appellant and the resultant recoveries being effected from him.

(2.) The appellant, who was appointed as Sub Inspector, on adhoc basis in the Department was relieved on 11.9.1998. Later, however, on the basis of instructions issued by the Chief Secretary, Government of Haryana, he was absorbed as a Clerk like others in Haryana State Minor Irrigation Tubewell Corporation (for short, "H.S.M.I.T.C."). He was adjusted in the same scale as he was drawing in the Food and Supplies Department. Later, the appellant was sent on deputation and subsequently absorbed permanently and started drawing the basic pay of Rs. 1750/- in the scale of Rs. 1400-2600 after the grant of benefit of first and second higher secondary pay scale.

(3.) The pay scale of the employees were revised on the basis of the recommendation made by 5th Pay Commission w.e.f. 1.1.1996. The scale of Rs. 1400-2600 was revised to Rs. 5000-7850/-. The grievance of the appellant is that directions were issued to recover the amount of Rs. 1,76,020/- alongwith a show cause notice as to why his pay be not re-fixed in the revised scale of Rs. 3050-4950/-. He accordingly challenge this order by filing a civil suit.