DAYANAND SHEOKAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in the present petition is for directing the respondents to pay the salary of the post of Deputy Secretary w.e.f. 1.1.2010 to 27.4.2011 and that of Joint Secretary from 28.4.2011 to 30.4.2011 in the respective pay scales to the petitioners with a further prayer to quash the order dated 8.7.2011 (Annexure P-5) and order dated 21.11.2012 (Annexure P-10) reverting the petitioner to the post of Deputy Secretary w.e.f. 28.4.2011 passed after the retirement of the petitioner.

(2.) Certain facts are required to be noted. The petitioner was promoted as officiating Deputy Secretary in PB-3, payment of Rs. 15600 and Rs. 39100+ Grade pay of Rs. 7600 against the vacant post subject to approval of the relevant amendment in the Haryana Vidhan Sabha Secretariat Service Rules, 1981 on 1.1.2020. Relevant part of the promotion order reads as under:-

(3.) The petitioner joined on the post of Deputy Secretary on 1.1.2010 itself. The petitioner completed his probation period and the same was certified to be completed by the competent authority vide order dated 11.2.2011. While replying to the same in para No.3, the respondents although did not dispute that the petitioner had completed his probation period but submitted that the same was still subject to approval of the relevant amendment in the Service Rules. Thereafter, the petitioner was further promoted as officiating Joint Secretary in PB-3 of Rs. 15600-39100 with Grade Pay of Rs. 8000/- with immediate effect by relaxing the qualification of LLB (professional) against the leave vacancy vide order dated 28.4.2011, which was again subject to the approval of the Government. The petitioner continued to work on the post of Joint Secretary upto 30.4.2011 i.e. the date of retirement on superannuation. The respondents meanwhile sanctioned all the retiral benefits considering the petitioner against the post of under Secretary. Since, the petitioner had been working on the post of Deputy Secretary and Joint Secretary from 1.1.2010 to 27.4.2011 and 28.4.2011 to 30.4.2011 and even completed his probation period on the post of Deputy Secretary itself before the retirement, he made representation to the respondents to grant him all the financial benefits of Deputy Secretary and Joint Secretary against which he actually worked. Instead of counting his salary on the post from which, he retired, the respondents reverted the petitioner from the post of officiating Joint Secretary to Deputy Secretary vide order dated 8.7.2011 and Deputy Secretary to under Secretary vide order dated 21.11.2012.