URMILA GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of the above two petitions as common question of facts are involved in the above petitions wherein petitioners are seeking quashing of letter dated 09.04.2010 (P-5) and order dated 12.12.2012/02.05.2015 with further prayer for issuance of direction to the respondents to grant/restore one increment equal to 3% of the pay in the pay band. However, for facility of reference the facts are being taken from CWP No. 21241-2013.

(2.) Petitioner was initially appointed as Research Assistant on work charge basis w.e.f 31.03.1979 and her services were regularized on the said post w.e.f 01.01.1987. Thereafter, vide order dated 28.01.2009 (P-l), the pay of the petitioner was fixed in revised pay band of Rs.9300-34800 with 1st ACP Grade of Rs.3300/- w.e.f 01.01.2006 and further fixed in the 2nd ACP pay grade of Rs.3600/- w.e.f 01.01.2007. The petitioner was then promoted as Assistant Director in the pay band of Rs.9300-34800 with grade pay of Rs.5400/- w.e.f 01.02.2009, vide order dated 10.03.2009(P-2) . Vide order dated 23.04.2009 (P-3), the pay of the petitioner was re-fixed in the pay band of Rs.9300-34800 with grade pay of Rs.5400/- w.e.f 01.02.2009 at the stage of Rs.22920/- with next date of increment on 01.07.2009. The petitioner was allowed one increment on account of her promotion as Assistant Director w.e.f 01.07.2009 in addition to annual increment on the said date and her pay was raised from 22920/- to Rs.24220/- on 01.07.2009. The basis pay of the petitioner was further enhanced to Rs.24950/- due to grant of annual increment on 01.07.2010 and further enhanced to Rs.25700/- due to grant of annual increment on 01.07.2011. The petitioner retired on 30.09.2011 on attaining the age of superannuation.

(3.) Vide order dated 12.12.2012 (P-4), the pay of the petitioner was re-fixed in the pay band of Rs.9300-34800 with grade pay of Rs.3300/-w.e.f 01.01.2006 and benefit of one increment on account of promotion to the petitioner has been withdrawn. The pay of the petitioner was fixed at the lower stage of Rs.23880/- on 01.07.2009. Hence the present writ petition.