ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition is for issuance of direction to the respondent to release the salary of the petititioner for the period w.e.f 07.04.2001 to 07.04.2014 which the petitioner was kept away from joining his duties.

(2.) On notice of the petition, a written statement has been filed on behalf of respondent Nos. 1 to 3 admitting that the petitioner was appointed in the Prisons Department as Clerk on 18.11.1987 on adhoc basis. The services of the petitioner were regularized w.e.f 01.01.1991. In para No. 2 of the written statement, it was mentioned that the petitioner remained wifully absented from his duty on five different occassions. Thereafter, petitioner was placed under suspension w.e.f 25.02.2002 for gross negligence towards his duties. Thereafter, he was charge sheeted under Rule 7 of HCS (Punishment and Appeals) Rules, 1987. The Inquiry Officer had submitted his report on 05.06.2003 and after considering this report, the petiitoner was dismissed from service vide order dated 09.09.2003. The petitioner preferred appeal which was rejected on 09.02.2010. Thereafter, the petitioner filed memorial nearly after 02 years and 03 months which was accepted by the Hon'ble Governor of Haryana and the orders were conveyed by the Government vide Endst Dated 4/7.07.2014. In compliance of this order, the petitioner was taken back in service vide order dated 01.08.2014. Thereafter, the petitioner was promoted from the post of Clerk to the post of Accountant vide order dated 28.10.2016 (R-1) and his salary was refixed vide order dated 30.12.2016 (R-2). The pay of the petitioner has also been refixed as per 7 th pay commission report w.e.f 01.01.2016 vide order dated 07.02.2017 (R-3).

(3.) At the very outset, learrned counsel for the petitioner refers to the order dated 04.07.2014 (P-7). The operative part of the order reads as under:-