KRISHAN LAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The Petitioner is working in the Haryana Agricultural Marketing Board (for short the Board) as Motor Mechanic, with effect from 9.10.1986. He has prayed for issuance of a writ quashing orders Annexure P-7 dated 26.5.1989 issued by the State Government and P-8 dated 1.9.1989 issued by the Chief Administrator-Respondent No. 3, in pursuance of which his pay scale has been reduced from Rs. 1200-2040 to Rs. 950-1500.

(2.) The Board promulgated the Haryana State Agricultural Marketing Board Service Rules, 1974 (for short the 1974 Rules) for regulating the recruitments and conditions of service of the persons appointed to the Marketing Service. The petitioner's services are governed by these Rules. At the time of joining the service, the petitioner was drawing his salary in the pay scale of Rs. 480-760. In accordance with the Haryana Civil Services (Revised Pay Scale) Rules, 1987, the pay scale of the petitioner was revised to Rs. 1200-2040 on the basis of the recommendations of the 4th Central Pay Commission, notified by the Haryana Government vide notification dated 29.4.1987 (Annexure P-2). The petitioner was paid salary in the revised pay scale and he was also paid the arrears of revised pay. But the Government in supersession of its earlier circular dated 11.6.1987 (Annexure P-6), again revised the petitioner's pay scale from Rs. 1200-2040 to Rs. 950-1500 which decision was communicated to the concerned quarters vide letters Annexures P-7 and P-8. It is this action of the respondents which has been challenged in this writ petition on the ground of being patently arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India.

(3.) It has been submitted on behalf of the petitioner that since the Board had granted a particular pay scale to the petitioner, the State Government had no power or authority to reduce the same in the guise of revision without amending the service rules.