S.S. SAINI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is an appeal under clause X of the Letters Patent for setting aside order dated 16.7.1991 by which the learned Single Judge declined the appellant's prayer for issuance of a direction to the respondents to fix his pay in the scale of Rs. 525-1050 w.e.f. 15.7.1982.

(2.) The facts of the case lie in a narrow compass. On being recommended by the Selection Committee, the appellant was appointed as Store Keeper (Adiation) in V.I.P. Aircraft Establishment, Defence Aerodrome, Chandigarh w.e.f. 15.7.1982 in the pay scale of Rs. 400-660. His appointment was subject to the terms and conditions embodied in memo No. Aviation-82/4497 dated 17.8.1982 issued by the Adviser, Civil Aviation, Haryana (respondent No. 2), After 8 months of joining the post, the appellant submitted representation Annexure P.2 dated 14.3.1983 to respondent No. 2 for fixation of pay in the scale of Rs. 525-1050/- by asserting that the post held by him had been sanctioned in that pay scale. He repeated this request in all subsequent representations sent to respondent No. 2. In response to one of his representations, respondent No. 2 sent memo No. Aviation-GA (P)-87/1196 dated 19.3.1987 conveying the following decision of the government :

(3.) The petitioner challenged the decision of the government in C.W.P. No. 2491 of 1987 in which he prayed that the respondents may be directed to regularise his service, grant him the benefit of military service and also fix his pay in the scale of Rs. 525-1050 w.e.f. 15.7.1982. In support of his claim for fixation of pay in the higher scale, the appellant relied on orders dated 6.6.1983 and 6.6.1984 allegedly passed on the file by Shri M.C. Rao, to whom he had described as Adviser, Civil Aviation, Haryana. The respondents controverted the appellant's claim on all the counts. With regard to his claim for fixation of pay in the scale of Rs. 525-1050, they made the following averments in paragraphs 3 to 7 of the written statement :