RAJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Shri Rajinder Singh through this writ petition is seeking the quashment of the order dated 26.5.1998 (Annexure P-6) vide which the grade of the petitioner has been reduced from Rs. 1200-2040 to Rs. 950-1500. The case set up by the petitioner is that earlier he was appointed as a Tubewell Operator in the Haryana State Minor Irrigation Tubewell Corporation on 19.9.1982. His initial grade was Rs. 950-1500 which was raised to Rs. 1200-2040 w.e.f. 7.10.1992. This scale was granted to him w.e.f. 1.5.1990 in pursuance of the decision passed in C.W.P. No. 3080 of 1996. The petitioner became surplus in his parent department i.e. Haryana State Minor Irrigation Tubewell Corporation and was absorbed in PWD Public Health, which issued a fresh appointment in his favour on 10.1.1995. In the appointment letter itself the new employer protected the previous grade of the petitioner but now the same has been reduced to Rs. 950-1500 without adopting the principles of natural justice by the previous employer. Hence, the present writ petition.

(2.) Notice of the writ petition was given to the respondents. The stand of the respondents is that the pay scale of the petitioner has been reduced because higher grade was wrongly given to the petitioner as he was not qualified as Tubewell Operator.

(3.) During the course of submissions, the learned counsel for the petitioner has invited my attention to the appointment letter dated 10.1.1995 (Annexure P-5) and para No. 5 of the same mentions as follows:-