RAM KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) In this petition under Articles 226/227 of the Constitution of India, the petitioner prays that the order dated 13.6.1998, Annexure P/1 re-fixing the pay of the petitioner be quashed and respondents be directed to grant the second higher standard pay scale to the petitioner in accordance with the policy of the Government Annexure P/2 to the writ petition.

(2.) The petitioner was appointed as J.B.T. teacher on-2.9,1964 in the Department of Education of State of Haryana. He retired on 31.8.2000 as J.B.T. teacher from Government Primary School, Bibipur, District Ambala. Vide Annexure P/1 order dated 13.6.1998, the pay of the petitioner was re-fixed in the pay scale of Rs. 5450-8000/- as on 1.1.1996 while giving the benefit of A.C.P. Scale - 1. According to the petitioner he has completed 36 years of service without any promotion. His post falls under category C and was entitled to higher standard pay scale of Rs. 1400 - 2600/- on completion of 10 years of service and Rs. 1600-2660/- on completion of 20 years as per the policy of the Government. According to the petitioner he is entitled to get pay scale of Rs. 5500/-, 9000/- as per 5th Pay Commission recommendations. Reliance has been placed upon a judgment of this Court in the case of Swaran Lata v. State of Haryana and others, 1997 1 SCT 516. The petitioner also made a representation to the respondents, copy of which is annexed herewith as Annexure P/3.

(3.) Notice in this petition was issued as back as on 17.9.2001, but no written statement has been filed till now. It was obligatory upon the respondents to consider the case of the petitioner in accordance with its policy and the judgment afore- referred. It is not ascertainable whether the facts applied by the petitioner, which will form basis for grant of the relief are factually correct or not.