PANKAJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner - Pankaj Kumar, aged about 48 years s/o Dhillu Ram, resident of Ghanouli Gate, V&PO Chhachhrauli, District Yamuna Nagar, has brought the instant civil writ petition under Articles 226/227 of the Constitution of India, against respondents -State of Haryana through Principal Secretary, Government of Haryana, Urban Local Bodies Department, Chandigarh; Director, Urban Local Bodies Department Haryana, Sector 17-B, Chandigarh; Deputy Commissioner, Ambala, District Ambala and Municipal Council, Naraingarh through its Secretary, District Ambala, craving for issuance of writ in the nature of certiorari for quashing impugned order dtd. 8/8/2017 (copy Annexure P-15), passed by Director, Urban Local Bodies Department, Haryana, Chandigarh - respondent no.2, further praying for issuance of a writ in the nature of mandamus, directing the respondents to grant the minimum pay scale for the post of Sub-Fire Officer, for the period the petitioner was given the current duty charge of Sub-Fire Officer in his own pay scale, vide order dtd. 29/11/2016 / 6/11/2016, till he was regularly promoted and appointed as Sub-Fire Officer on 29/11/2006.

(2.) Inter alia in the petition, the petitioner has contended that he was initially appointed as Fireman on regular basis by the respondents w.e.f. 1/10/1997. Thereafter, he was promoted to the rank of Leading Fireman on 19/9/2006; that the petitioner possesses the requisite qualification; that a large number of vacancies of Sub-Fire Officer were there and such vacancies were to be filled up as a result of promotion from Leading Fireman; that the respondents decided to fill up the vacancies on temporary basis; that the petitioner was given current duty charge of Sub-Fire Officer, in his own pay scale vide order dtd. 29/11/2006; that some other Leading Fireman were also given current duty charge of Sub-Fire Officer in the similar way, vide order in question; that the petitioner started working as Sub-Fire Officer. However, he came to know that respondent No.2 had passed order dtd. 24/4/2007, intimating the withdrawal of earlier order dtd. 29/11/2006 vide which the petitioner had been given current duty charge of Sub-Fire Officer. It was statedly so done as per Government instructions dtd. 17/4/2006; that the petitioner alongwith his co-employees had challenged order dtd. 24/4/2007, by way of filing CWP No. 6263 of 2007; that in that writ petition, operation of impugned order was stayed; that Deputy 'Commissioner, Ambala - respondent No.3 promoted petitioner from the post of Leading Fireman, Municipal Council, Naraingarh, to the post of SubFire Officer, on regular basis, in the Fire Service Centre of Municipal Council, Naraingarh, in the pay scale of 9300 - 34800 + grade pay of Rs.3200.00 during the pendency of writ petition No. 6263 of 2007.

(3.) According to the petitioner, he had submitted a representation to the respondents, to grant him pay scale of Sub-Fire Officer for the period he held current duty charge of Sub-Fire Officer. He had submitted further representations also and got served a Legal Notice dtd. 8/11/2016 upon the respondents, but without evoking any response. The petitioner then filed a writ petition, bearing CWP No. 24845 of 2016, which was disposed of by the Court, vide order dtd. 1/12/2016, issuing a direction to respondent No.2 to consider and decide the legal notice of the petitioner dtd. 8/11/2006 in accordance with law with a period of four months from the date of receipt of certified copy of the order. The respondents had given personal hearing to the petitioner also. However, claim of the petitioner was not accepted, though an order was passed on notice of the petitioner, which was so done on 8/8/2017. The petitioner feeling aggrieved by that order, has filed the present writ petition.