LAL CHAND Vs. MUNICIPAL COMMITTEE, LADWA

JUDGEMENT

(1.) The petitioner is employed as a Licence Inspector and is presently working with the Municipal Committee, Ladwa (Kurukshetra). By way of present writ petition, the petitioner is staking his claim, for the benefit of the revised pay-scale, which was earlier allowed to him with effect from 1st April, 1979, but later on withdrawn. It would be necessary to advert to the facts of the case in a little detail to appreciate the claim of the petitioner.

(2.) Prior to 15th February, 1982, the scale of pay of the Licence Inspector in the Municipal Committee was Rs. 420-800. However, with effect from 15th February, 1982, the State of Haryana, exercising the powers under the Haryana Municipal Act, framed Rules known as Haryana Municipal Services Rules, 1982. Vide Appendix 'A' to the said Rules, various scales of pay were prescribed for the Municipal employees. The pay scale of the Licence Inspector was mentioned, 525-1050. As stated above, this revision of pay-scale under the Rules had become effective from 15th February, 1982. The Haryana Government issued a circular letter on 2nd August, 1983 specifying that all the municipal employees were entitled to the revised pay scales only with effect from 15th February, 1982 instead of 1st April, 1972. It seems that the pay scales of the Government employees in the State of Haryana had been revised with effect from 1st April, 1979. In pursuance of the above instructions, the Deputy Commissioner, Kurukshetra, issued directions on 9th August, 1983 to respondent No. 1 to give effect to the revised pay scales with effect from 15th February, 1987 and if any excess payment had been made by giving the revised pay scales with effect from 1st April, 1979, the same may be recovered from the employees.

(3.) The directions of the Deputy Commissioner contained in letter dated 9th August, 1983, were challenged by various employees of the Municipal Committee, Ladwa in this Court by way of C.W.P. No. 5000 of 1983. The petitioner was one of the petitioners in that writ petition. On the basis of a judgment in C.W.P. No. 4999 of 1983 decided on 1st March, 1984, the then Deputy Advocate General, Haryana, gave a statement that the impugned communications be treated as withdrawn. On the basis of this statement, the writ petition was dismissed as infructuous on 15th February, 1985. Accordingly, the petitioner's pay scale was revised with effect from 1st April, 1979 in the pay scale of Rs. 525-1050. On 23rd May, 1985, the petitioner was transferred from Municipal Committee, Ladwa to Municipal Committee, Thaneser and the Municipal Committee, Ladwa issued last pay certificate to the petitioner on the back that he was in the pay scale of Rs. 525-1050 and the last pay drawn was Rs. 730/- per month. However, Municipal Committee, Thanesar reduced the pay from Rs. 730/- to Rs. 680/- on the ground that the petitioner's pay scale had be revised from 15th February, 1982 and not from 1st April, 1979. The petitioner served a legal notice on Municipal Committee, Thanesar, on 12th September, 1980 whereupon Municipal Committee, Thanesar approached the Director, Local Bodies for clarification as to whether the petitioner was entitled to revised pay scales of Rs. 525-1050 with effect from 1st April, 1979 or not. It is averred that the Director, Local Bodies, Haryana informed Municipal Committee, Thanesar that the petitioner was entitled to the salary in the pay scale, which he was drawing before his transfer from Ladwa. In spite of this, the petitioner has been getting the reduced pay and not on the basis that his pay scale had been revised with effect from 1st April, 1979. It may be noticed here that even the Commissioner and Secretary to Government, Haryana, Local Government Department informed the Director, Local Government Department vide letter dated 9th March, 1988, that it had been decided that the employees of the Municipal Committee who were given the revised pay scales with effect from 15th February, 1986, were to be allowed to draw the revised pay scales from 1st April, 1979. A translated copy of this letter has been placed on the record as Annexure P.1.