MANGE RAM Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Mange Ram, Junior Engineer working in PWD (B&R) Panipat, in this writ petition seeks direction to be placed in higher pay scale of Rs. 1640 - -2900 with effect from January 1, 1986 the date when persons junior to him were placed therein, - -vide order dated May 23, 1988 (Annexure P -3). Instructions on the subject are contained in Annexure P -1, 50 per cent of the posts of Junior Engineers were to be placed in the promotional pay scale of Rs. 1640 - -2900 and the remaining 50 per cent in the pay scale of Rs. 1400 - -2300.

(2.) As per stand taken by the Respondents in the written statement, the promotional grade was denied to the Petitioner as there were adverse entries in the last preceding 10 years. His case was considered alongwith others and others were promoted. Reliance has been placed on the instructions of the State Government issued on May 21, 1973 (Annexure R -11).

(3.) After hearing learned Counsel for the parties, we find that action of the Respondents to deny promotional pay scale to the Petitioner is not supported by the rules or the instructions. It is not disputed that for the years 1977 - -79, warnings were administered to the Petitioner and some recovery was also effected from him, on account of shortage as stated. Another punishment awarded to the Petitioner was stoppage of one increment without future effect. Annexure R -1 are the instructions issued by the State Government on July 19, 1973 specifically providing that censure or warnings which were not major punishments would not be considered to stop promotion and these punishments are merely to be taken as part of the total record. In view of these instructions, thus the warnings which were administered in 1977 or in 1979 which were stale at the relevant time i.e. January 1, 1986 when the question of placing the Petitioner in the higher promotional grade was to be considered, could not be taken into consideration. Likewise the other punishment awarded was not to be taken into consideration. Otherwise, the latest record of the Petitioner did not debar him for being placed in the higher grade.