JAS BAHADUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was appointed as chowkidar in February, 1963, in the pay scale of Rs. 30-1/2-35. Copy of the appointment order is Annexure P-1 vide orders dated the 5th June, 1967, the increments, which fell due on February 1, 1965; February 1, 1966 and February 1, 1967, were allowed. The petitioner continued to draw increments till 1971 when the department started paying him fixed wages as prescribed by the Deputy Commissioner under the Minimum Wages Act. In March, 1986, the petitioner was directed to submit an application for temporary appointment to he post of chowkidar. This was done in spite of the fact that the petitioner had been working as such since the year 1963. The petitioner protested and despite that a fresh letter of appointment was issued to him on 11th March, 1987. The terms of appointment as laid down in this letter are similar to those prescribed in the letter of original appointment issued to him on 11th March, 1987. The terms of appointment as laid down in this letter are similar to those prescribed in the original appointment issued on 1st February, 1963. Vide letter dated 27th of March, 1987, he was informed that the order of appointment issued vide letter dated 11th March, 1987, was for regular and fresh post of chowkidar as per instructions conveyed by the Head Office vide memo dated 16th February, 1987. It was also indicated that this was fresh entry into Government service. Learned counsel for the petitioner stated at the bar that the petitioner has actually retired in May 1989, on attaining the age of superannuation.

(2.) In the petition two fold grievances has been made. Firstly it has been averred that action in not paying the petitioner his salary in the pay scale prescribed for the post of chowkidar (as revised from time to time) and in giving him only fixed wages from 1971 to 1987 was wholly illegal. Secondly, it has been averred that action in giving him fresh appointment from 11th March, 1987, and not treating his service as continuous and regular from 1st of February, 1963, was totally arbitrary.

(3.) Written statement has been filed on behalf of the respondent. It has been averred that in 1971 the petitioner was given salary as fixed by the Deputy Commissioner. The petitioner continued receiving fixed wages upto 23.3.1987. He having accepted the wages was debarred from challenging it after a lapse of so many years. It has also been averred that in March, 1986, the post of chowkidar was sanctioned in the budget for the year 1986-87 and accordingly the petitioner was offered post in the pay scale of Rs. 300-430 on regular basis and was paid out of the Head "309-Food Administration". Prior to this, it is averred that the petitioner was paid at the rate fixed by the Deputy Commissioner out of Scheme Head i.e. 124- Capital Outlay.