PRATIBHA SINHA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged orders dated 8.2.1980 (copies Annexure P/1, P/1/1 and P/1/2) and also order dated 6.8.1982 (copy Annexure PI2) and has prayed that his pay is to be fixed with effect from 1.2.1969 in accordance with Haryana Civil Services (Revised Scales of Pay) Rules, 1969 and with effect from 1.4.1979 in accordance with the Haryana Civil Services (Revised Scale of Pay) Rules, 1980 as well as with effect from 1.2.1981 in accordance with Haryana Civil Services (Revised Scale of Pay) Rules, 1981 and grant consequential reliefs.

(2.) The petitioner joined the respondent-department in 1960 in the pay scale of 250-750. In the said pay scale there was a bar of crossing efficiency at the pay of Rs. 375.00. Government by various orders subsequently revised pay scales from time to time. Counsel for the petitioner contends that the petitioner was required to cross efficiency bar for the first time in the year 1906 (1966 ?). However, he was not allowed to cross the same. Vide order dated 8.2.1980 (copy Annexure P/1), the efficiency bar was allowed to be crossed with effect from 28.7.1969. Annexure P/1 is the order of the same date vide which in view of the poor record, the petitioner efficiency bar was stopped at Rs. 375.00 from 28.7.1966. Annexure P1/2 is also order of the same date vide which efficiency bar was stopped with effect from 28.7.1967 and then again on 28.7.1968 for another year and that it is mentioned in the order that his case shall be reviewed after one year i.e. on 28.7.1969. Annexure P/2 is the order of fixation of pay scale.

(3.) Counsel for the petitioner states that the respondents are not allowing the increment inspite of the fact that he has been allowed to cross the efficiency bar with effect from 28.7.1969. Respondents are relying on the orders Annexures R/3 and R/4 dated 6 8,1882 (1982 ?) vide which efficiency bar of the petitioner was again stopped with effect from 1.7.1977 and 1.7.1978 respectively.